Mays v. No Named Defendants

Filing 3

ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Gordon P. Gallagher on 1/13/15. (morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00083-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.)
MELVIN MAYS,
Plaintiff,
v.
NO NAMED DEFENDANT,
Defendant.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Plaintiff Melvin Mays is in the custody of the Federal Bureau of Prisons and
currently is incarcerated at the United States Penitentiary in Lewisburg, Pennsylvania.
Plaintiff has submitted a letter alleging a violation of his constitutional rights. Although
not entirely clear, it appears that Plaintiff may intend to seek some relief in this court.
Therefore, this civil rights action has been commenced. As part of the court’s review
pursuant to D.C.COLO.LCivR 8.1(b), the court has determined that the letter is deficient
as described in this order. Plaintiff will be directed to cure the following if he wishes to
pursue his claims. If Plaintiff does not intend to pursue a civil rights action in this court
at this time, he should advise the court of that fact and the instant action will be
dismissed. 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)
X
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)
names in caption do not match names in text
(17)
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 forms used
in filing a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C.
§ 1915 and a Prisoner Complaint (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

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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 13, 2015, at Denver, Colorado.
BY THE COURT:
s/Gordon P. Gallagher
United States Magistrate Judge

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