Martin v. Leiche
Filing
9
ORDER Directing Plaintiff to Cure Deficiencies; denying without prejudice 5 Motion to Amend Complaint, by Magistrate Judge Gordon P. Gallagher on 1/07/2015.(slibi, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-03412-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.)
VINCENT MARTIN,
MARVELLA HARBIN, and
VINCENT ROSS MARTIN,
Plaintiffs,
v.
SHERMAN LEICHE,
VANNY VAUGHT,
WATCHTOWER SOCIETY,
PAUL BOURLESON,
JARED JOHNSON,
ARAPAHOE COUNTY SHERIFF’S DEPARTMENT,
SCOTTIE DAVIS, and
STATE OF COLORADO,
Defendants.
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES
Plaintiff Vincent Martin initiated this action by submitting a Complaint (ECF No. 1)
and a Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 (ECF No.
3). Mr. Martin subsequently submitted various other documents, including a motion to
amend the complaint (ECF No. 5). Although the Complaint also lists two other
individuals as Plaintiffs in the caption, only Vincent Martin has signed the Complaint.
Furthermore, a pro se litigant may not represent other pro se litigants in federal court.
See 28 U.S.C. § 1654. Therefore, Vincent Martin is the only proper Plaintiff in this
action at this time.
As part of the court’s review pursuant to D.C.COLO.LCivR 8.1(a), the court has
determined that the submitted documents are deficient as described in this order.
Plaintiff Vincent Martin 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.
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915:
is not submitted
(1)
(2)
xx
is not on proper form (must use the court’s current form)
(3)
is missing original signature by plaintiff/petitioner/applicant
is missing affidavit
(4)
(5)
affidavit is incomplete
(6)
affidavit is not notarized or is not properly notarized
(7)
names in caption do not match names in caption of complaint, petition or
application
other:
.
(8)
Complaint or Petition:
(9)
is not submitted
is not on proper form (must use the court’s current form)
(10)
(11)
is missing an original signature by the plaintiff/petitioner/applicant
(12) xx
is incomplete (no addresses are provided, no jurisdiction or claims are
asserted)
(13)
uses et al. instead of listing all parties in caption
names in caption do not match names in text
(14)
(15)
addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition or habeas application
(16)
other
Accordingly, it is
ORDERED that Plaintiff Vincent Martin cure the deficiencies designated above
within thirty (30) days from the date of this order. Any papers that Plaintiff Vincent
Martin files in response to this order must include the civil action number on this order.
It is
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FURTHER ORDERED that Plaintiff Vincent Martin shall obtain the courtapproved Application to Proceed in District Court Without Prepaying Fees or Costs
(Long Form) and Complaint forms, along with the applicable instructions, at
www.cod.uscourts.gov. It is
FURTHER ORDERED that, if Plaintiff Vincent Martin fails to cure the designated
deficiencies within thirty (30) days from the date of this order, the complaint and the
action will be dismissed without further notice. The dismissal shall be without prejudice.
It is
FURTHER ORDERED that the motion to amend the complaint (ECF No. 5) is
DENIED without prejudice and Plaintiff may make the proposed amendments in the
amended complaint he has been ordered to file.
DATED January 7, 2015, at Denver, Colorado.
BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge
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