Hogan v. Weld County Jail et al

Filing 7

ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Gordon P. Gallagher on 1/14/15. (morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-03414-GPG

WILLIAM HOGAN,
Plaintiff,
v.
WELD COUNTY JAIL,
YOUNT,
FALONBURG,
BARIKATA,
PENNINGTON,
SHULMAN,
WEAGIS, and
ROSTEN,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Plaintiff initiated this action by submitting a Prisoner Complaint (ECF No. 1) to the
Court on December 18, 2104. On December 22, 2014, the Court reviewed the
Complaint and found that it unclear whether Plaintiff was a prisoner or nonprisoner at
the Colorado Mental Health Institute. The Court ordered Plaintiff to inform the Court in
writing within fifteen days whether he is a prisoner or nonprisoner. In response to the
minute order, Plaintiff submitted a letter (ECF No. 5) stating that he is a prisoner at the
Colorado Mental Health Institute.
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

action.
28 U.S.C. § 1915 Motion and Affidavit:
is not submitted
(1)
xx
(2)
is missing affidavit
(3)
xx
is missing certified copy of prisoner’s trust fund statement for the 6-month
period immediately preceding this filing
(4)
is missing certificate showing current balance in prison account
(5)
is missing required financial information
(6)
is missing authorization to calculate and disburse filing fee payments
(7)
is missing an original signature by the prisoner
is not on proper form (must use the court’s current form)
(8)
(9)
names in caption do not match names in caption of complaint, petition or
habeas application
other: motion and supporting documents are necessary only if fees
(10) xx
totaling $400.00 are not paid in advance.
Complaint, Petition or Application:
(11)
is not submitted
(12)
is not on proper form
is missing an original signature by the prisoner
(13)
(14)
is missing page nos.
(15)
uses et al. instead of listing all parties in caption
(16) xx
names in caption do not match names in text
(17) xx
addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition or habeas application
other:
.
(18)
Accordingly, it is
ORDERED that Plaintiff 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 Prisoner’s
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 and Prisoner
Complaint forms, 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 (30) days from the date of this order, the action will be dismissed
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without further notice. The dismissal shall be without prejudice.
DATED January 14, 2015, at Denver, Colorado.
BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge

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