Petty v. No Named Defendant
Filing
3
ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 9/25/14. (morti, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02644-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.)
ISHMAEL PETTY,
Plaintiff,
v.
[NO NAMED DEFENDANT],
Defendant.
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES
On September 24, 2014, Plaintiff submitted to the Court a Letter asking that the
Court contact the FBI so that they may address two issues. To the extent that Plaintiff
is challenging the conditions of his confinement, the Court construes the Letter as filed
pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403
U.S. 388 (1971). Regarding his desire to talk with the FBI regarding other issues,
Plaintiff must contact the FBI directly. The Court does not forward correspondence to
other federal agencies. Public access to the Letter used to initiate this action, however,
has been restricted.
As part of the Court’s review pursuant to D.C.COLO.LCivR 8.1(b) of the
conditions of confinement claim, the Court has identified the deficiencies listed below.
Plaintiff will be directed to cure the following if he wishes to pursue his conditions of
confinement claim in this Court in this action. Any papers that Plaintiff files in response
to this Order must include the civil action number on this Order.
If, however, Plaintiff does not intend to proceed with an action regarding the
conditions of confinement claim at this time, he may elect to dismiss this action.
28 U.S.C. § 1915 Motion and Affidavit:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
X
X
X
X
is not submitted
is missing affidavit
is missing certified copy of prisoner’s trust fund statement for the 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: Plaintiff may in the alternative pay the $400 filing fee
in full in advance
Complaint, Petition or Application:
is not submitted
(11)
(12)
X
is not on proper form
(13)
is missing an original signature by the prisoner
(14)
is missing page nos.
(15)
uses et al. instead of listing all parties in caption
(16)
names in caption do not match names in text
(17)
addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition or habeas application
(18)
other:
Accordingly, it is
ORDERED that with respect to the conditions of confinement claim Plaintiff shall
cure the deficiencies designated above within thirty days from the date of this Order
if he desires to proceed with this action. Any papers that Plaintiff files in response to
this Order must include the civil action number on this Order. It is
FURTHER ORDERED that Plaintiff shall obtain the Prisoner Complaint form and
the Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C.
§ 1915 form (revised 10/1/12) (with the assistance of his case manager or the facility’s
legal assistant), along with the applicable instructions, at www.cod.uscourts.gov. It is
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FURTHER ORDERED that, if Plaintiff fails to cure the designated deficiencies
within thirty days from the date of this Order, the action will be dismissed without
further notice.
DATED September 25, 2014, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
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