Cross, Jr. v. Decker et al

Filing 3

ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Gordon P. Gallagher on 12/16/2014. (slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-03391-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.)
ELMER L. CROSS, JR.,
Plaintiff,
v.
SHERIFF’S DEPUTY DECKER,
SHERIFF’S DEPUTY GARCIA,
SHERIFF’S DEPUTY MACDONALD, and
SARGENT SHANON,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Plaintiff, Elmer L. Cross, Jr., is an inmate at the Denver County Jail. He initiated
this action by filing a Prisoner Complaint (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 his claims. Any papers that Plaintiff files in response to
this Order must include the civil action number on this Order.
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)

X

X

is not submitted
is not on proper form (must use the Court’s current form)
is missing original signature by Plaintiff
is missing affidavit
is missing certified copy of prisoner’s trust fund statement for the 6-month
period immediately preceding this filing
affidavit is not notarized or is not propely notarized
names in caption do not match names in caption of complaint, petition or
application
other:

Complaint or Petition:
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)

is not submitted
is not on proper form (must use the Court’s current form)
is missing an original signature by Plaintiff
is incomplete
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:

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 Court-approved form used in
filing a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. §
1915 motion, 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 16, 2014, at Denver, Colorado.
BY THE COURT:

s/ Gordon P. Gallagher
United States Magistrate Judge

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