Cooley v. True et al

Filing 5

ORDER Directing Applicant To Cure Deficiencies, by Magistrate Judge Gordon P. Gallagher on 11/25/14. (nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-03166-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.)
PAUL MICHAEL SUTTON,
Plaintiff,
v.
JIM SCHLEGEL, (Doctor),
CORIZON, (Health Service), and
ADAMS COUNTY DETENTION FACILITY, (Jail),
Defendants.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES
Plaintiff, Paul Michael Sutton, currently is incarcerated at the Sterling
Correctional Facility in Sterling, Colorado. He submitted pro se a Prisoner’s Complaint
(ECF No. 1), a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28
U.S.C. § 1915 (ECF No. 2), and a Prisoner’s Motion and Affidavit for Leave to Proceed
Pursuant to 28 U.S.C. § 1915 in a Habeas Corpus Action (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
submitted 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 court 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)
(3)
(4)
(5)
(6)
(7)
(8)
(9)

X

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 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: certified copy of prisoner’s trust fund statement is not current; must
submit certified copy of current statement.

Complaint, Petition or Application:
is not submitted
(10)
(11)
is not on proper form
(12)
is missing an original signature by the prisoner
is missing page nos.
(13)
(14)
uses et al. instead of listing all parties in caption
(15)
names in caption do not match names in text
(16)
addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition or habeas application
other: The complaint is not legible. The complaint, whether handwritten
(17)
X
or typed, must be legible, double-spaced, and written in capital and lower
case letters in compliance with Rule 10.1 of the Local Rules of Practice for
this Court.
Accordingly, it is

ORDERED that Plaintiff, Paul Michael Sutton, cure the deficiencies 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 form for
filing a Prisoner Complaint (with the assistance of his case manager or the facility’s
legal assistant), along with the applicable instructions, at www.cod.uscourts.gov, and
use that form in curing the designated deficiencies and filing his complaint. It is
FURTHER ORDERED that, if Plaintiff fails to cure the designated deficiencies
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within thirty (30) days from the date of this order, the action may be dismissed
without further notice. The dismissal shall be without prejudice.
DATED November 25, 2014, at Denver, Colorado.
BY THE COURT:

s/ Gordon P. Gallagher
United States Magistrate Judge

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