Baker v. Raemisch et al

Filing 3

ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Gordon P. Gallagher on 1/8/15. (morti, )

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 15-cv-00043-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.) LEROY WALTER BAKER, Plaintiff, v. RICK RAEMISCH, Director, Dept. of Corr., JAMES FAULK, Warden, Sterling Corr. Facility, THE MEDICAL & FINANCIAL SERVICES OF S.C.F., and ALL UNIDENTIFIED PERSONAL RESPONSIBLE FOR WITHHOLDING PERSONAL PROPERTY WITHOUT JUST COMPENSATION, Defendants. ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES Plaintiff Leroy Walter Baker is in the custody of the Colorado Department of Corrections and currently is incarcerated at the Sterling Correctional Facility. Plaintiff has submitted a Prisoner Complaint pursuant to 42 U.S.C. § 1983 and other various federal statutes. 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 his claims. 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: (1) (2) (3) X X (4) (5) (6) (7) (8) (9) X (10) X is not submitted is missing affidavit is missing a certified prisoner's trust fund statement for the 6-month period immediately preceding this filing is missing a certified account statement showing the current balance in Plaintiff’s prison account is not certified is missing required financial information is missing an original signature by the prisoner is not on proper form (must use the Court’s current form) names in caption do not match names in caption of complaint, petition or habeas application is missing a signed authorization to allow agency to disburse funds from inmate account other: In the alternative Plaintiff may prepay the $400 filing fee. Complaint, Petition or Application: (11) is not submitted (12) is not on proper form (must use the Court’s current form used in filing 28 U.S.C. § 2254 actions) (13) is missing an original signature by the prisoner (14) is missing page nos. (15) uses et al. instead of listing all parties in caption (16) names in caption do not match names in text other: (17) 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 (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 2 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 January 8, 2015, at Denver, Colorado. BY THE COURT: s/Gordon P. Gallagher United States Magistrate Judge 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?