Schuett v. USA

Filing 3

ORDER Directing Applicant to Cure Deficiencies, by Magistrate Judge Gordon P. Gallagher on 12/02/2014. (slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-03272-GPG
(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.)
CLIFFORD SCHUETT,
Plaintiff,
v.
USA,
Defendant.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES

Plaintiff, Clifford Schuett, currently is incarcerated at the Southern Correctional
Center in Pahrump, Nevada. He submitted pro se a “Motion for a Protection Order
(Imminent Danger)” (ECF No. 1). As part of the court’s review pursuant to
D.C.COLO.LCivR 8.1(b), the court has determined that the submitted document is
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)
X
(2)
is missing affidavit
(3)
X
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)
is missing an original signature by the prisoner
is not on proper form (must use the court’s current form)
(7)

(8)
(9)

X

names in caption do not match names in caption of complaint, petition or
habeas application
other: instead of submitting the motion and affidavit, plaintiff may pay the
$400 filing fee in advance.

Complaint, Petition or Application:
is not submitted
(10)
(11)
X
is not on proper form
(12)
is missing an original signature by the prisoner
(13)
is missing page nos.
(14)
uses et al. instead of listing all parties in caption
names in caption do not match names in text
(15)
(16)
addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition or habeas application
other: Plaintiff’s handwriting is not legible. The complaint, whether
(17)
X
handwritten 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, Clifford Schuett, 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 forms for
filing a Prisoner Complaint and a Prisoner’s Motion and Affidavit for Leave to Proceed
Pursuant to 28 U.S.C. § 1915 (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
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 December 2, 2014, at Denver, Colorado.
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BY THE COURT:

s/ Gordon P. Gallagher
United States Magistrate Judge

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