Handy, Jr. v. Guerrero-Diaz et al

Filing 3

ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Gordon P. Gallagher on 12/05/2014. (slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-03291-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.)
WYATT T. HANDY JR.,
Plaintiff,
v.
PATRICIA GUERRERO-DIAZ,
KELLY LEHMAN, and
S. BROWN,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Plaintiff Wyatt T. Handy Jr. is in the custody of the Colorado Department of
Corrections and currently is incarcerated at the Cheyenne Mountain Re-Entry Center in
Colorado Springs, Colorado. Mr. Handy, acting pro se, initiated this action by filing a
Prisoner Complaint that alleges a violation of his rights pursuant to 42 U.S.C. § 1983
and 28 U.S.C. § 1343. 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 his
claims. Any papers that Plaintiff files in response to this Order must include the civil
action number noted above in the caption of this Order.
28 U.S.C. § 1915 Motion and Affidavit:
(1)
(2)
(3)
(4)
(5)

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

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

X

(10)

X

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:
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)

X

is not submitted
is not on proper form
is missing an original signature by the prisoner
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: Plaintiff has failed to list all previous cases in Section E. of the
Complaint form

Accordingly, it is
ORDERED that Plaintiff cure the deficiencies designated above within thirty
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 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
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 December 5, 2014, at Denver, Colorado.
BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge
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