Oakley v. Raemisch et al

Filing 5

ORDER Directing Plaintiff to Cure Deficiency; denying as premature 4 Motion for Summons and Complaint & Service of Process & Motion for Leave of Service of Process, by Magistrate Judge Boyd N. Boland on 11/05/2014.(slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-03000-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.)
JACOB DANIEL OAKLEY,
Plaintiff,
v.
RICK RAEMISCH, Executive Director (Individual & Official Capacities),
Defendant.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCY

Plaintiff, a Colorado state prisoner, has submitted to the court a Prisoner
Complaint (ECF No. 1), a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant
to 28 U.S.C. § 1915 (ECF No. 3), and a “Motion for Summons and Complaint & Service
of Process & Motion for Leave of Service of Process” (ECF No. 4). As part of the
court’s review pursuant to D.C.COLO.LCivR 8.1(b), the court has determined that the
documents are deficient as described in this order. Plaintiff will be directed to cure the
following if he wishes to pursue any claims in this action. Any papers that Plaintiff files
in response to this order must include the civil action number on this order.
28 U.S.C. § 1915 Motion and Affidavit:
is not submitted
(1)
(2)
is missing affidavit
(3)
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
(4)
(5)
is missing required financial information

(6)
(7)
(8)
(9)
(10)

xx

is missing authorization to calculate and disburse filing fee payments
is missing an original signature by the prisoner
is not on proper form (must use the court’s current form)
names in caption do not match names in caption of complaint, petition or
habeas application
other:
.

Complaint, Petition or Application:
is not submitted
(11)
(12)
is not on proper form
(13)
is missing an original signature by the prisoner
is missing page nos.
(14)
(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 Plaintiff cure the deficiency designated above within thirty (30)
days from the date of this order. 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 court-approved authorization
form, which is part of the Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant
to 28 U.S.C. § 1915 form (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
FURTHER ORDERED that, if Plaintiff fails to cure the designated deficiency
within thirty (30) days from the date of this order, the action will be dismissed
without further notice. The dismissal shall be without prejudice. It is
FURTHER ORDERED that the “Motion for Summons and Complaint & Service of
Process & Motion for Leave of Service of Process” (ECF No. 4) is denied as premature.
DATED November 5, 2014, at Denver, Colorado.
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BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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