Sutton v. Thiebout et al

Filing 4

ORDER Directing Plaintiffs To Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 09/18/14. (nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-02579-BNB
(The above civil action number must appear on all future papers
sent to the court in this action. Failure to include this number
may result in a delay in the consideration of your claims.)

JOSHUA SUTTON,
ISHA ROBERTS, and
KALEN McKEE,
Plaintiffs,
v.
BILL THIEBOUT,
STEPHEN TALBOT,
HONORABLE THOMAS FLESHER,
GARY ROYBAL,
KATHY MORA,
AMIEL MARKENSON, and
ROBERT HOUTON,
Defendants.

ORDER DIRECTING PLAINTIFFS TO CURE DEFICIENCIES

On September 17, 2014, Plaintiffs submitted a Prisoner Complaint and a
Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915. As
part of the Court’s review pursuant to D.C.COLO.LCivR 8.1, the Court has determined
that the documents are deficient as described in this Order. Plaintiffs will be directed to
cure the following if they wish to pursue any claims in this Court in this action. Any
papers that Plaintiffs file in response to this Order must include the civil action number
on this Order.

28 U.S.C. § 1915 Motion and Affidavit:
(1)

X

(2)
(3)

X

(4)
(5)
(6)
(7)
(8)
(9)
(10)

is not submitted (Each plaintiff must submit their own § 1915 Motion and
Affidavit; Plaintiffs Isha Roberts and Kalen McKee must file their own §
1915 motion)
is missing affidavit
Plaintiff Joshua Sutton’s prisoner’s trust fund statement does not cover the
full 6-month period immediately preceding this filing
is missing certificate showing current balance in prison account
is missing required financial information
is missing authorization to calculate and disburse filing fee payments
is missing an original signature by the prisoner
is not on proper form
names in caption do not match names in caption of complaint, petition or
habeas application
other:

Complaint, Petition or Application:
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)

X

is not submitted
is not on proper form
is missing an original signature by Plaintiffs Isha Roberts and Kalen
McKee
is missing page nos.
uses et al. instead of listing all parties in caption
names in caption do not match names in text
addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition or habeas application
other:

Accordingly, it is
ORDERED that Plaintiffs cure the deficiencies designated above within thirty
days from the date of this Order. Any papers that Plaintiffs file in response to this
Order must include the civil action number on this Order. It is
FURTHER ORDERED that Plaintiffs Isha Roberts and Kalen McKee shall obtain
a Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 form, and if
incarcerated, with the assistance of her case manager or the facility’s legal assistant),

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along with the applicable instructions, at www.cod.uscourts.gov. A Court-approved form
must be used to cure this deficiency. It is
FURTHER ORDERED that both Plaintiffs shall sign and submit the Prisoner
Complaint, which is found at www.cod.uscourts.gov. A Court-approved form must be
used to cure this deficiency. It is
FURTHER ORDERED that, if Plaintiffs fail to cure the designated deficiencies
within thirty days from the date of this Order, the action will be dismissed without
further notice.
DATED September 18, 2014, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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