Law v. Morrissey, et al

Filing 4

ORDER Directing Plaintiff to Cure Deficiency, by Magistrate Judge Gordon P. Gallagher on 2/3/15. (morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00223-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.)
DON LAW,
Plaintiff,
v.
DET. KATHY E. LILLY, Ser #85-16,
DISTRICT ATTORNEY MITCHELL R. MORRISSEY, and
DEPUTY DISTRICT ATTORNEY KERRI LOMBARDI, Reg. #23291,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCY

On February 2, 2015, Plaintiff Don Law submitted a Notice of Intent to Sue, ECF
No. 1, to the Court stating that he intends to file a Complaint alleging malicious and
false charges and false conviction and seeking money damages. Plaintiff also has
submitted a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C.
§ 1915. To the extent that Plaintiff intends to proceed with an action in this Court at this

time the instant action has been opened. As part of the Court’s review pursuant to
D.C.COLO.LCivR 8.1(b), the Court has determined that the 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 Court in this action at this time. 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)
(4)
(5)
(6)
(7)
(8)
(9)
(10)

is not submitted
is missing affidavit
is missing certified copy of prisoner’s trust fund statement for the 6-month
period immediately preceding this filing
is missing certificate showing current balance in prison account
is missing required financial information
is missing authorization to calculate and disburse filing fee payments
is missing an original signature by the prisoner
is not on proper form
names in caption do not match names in caption of complaint, petition or
habeas application
other:

Complaint, Petition or Application:
is not submitted
(11)
(12)
X
is not on proper form (Plaintiff may find the Court-approved forms at
www.cod.uscourts.gov.)
(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
addresses must be provided for all defendants/respondents in “Section A.
(17)
Parties” of complaint, petition or habeas application
(18)
other:
Accordingly, it is
ORDERED that if Plaintiff desires to proceed with this action at this time he shall
cure the deficiency 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 a Prisoner Complaint form (with
the assistance of his case manager or the facility’s legal assistant), along with the
applicable instructions, at www.cod.uscourts.gov. Plaintiff must use the Court-approved
form when curing the deficiency. It is
2

FURTHER ORDERED that if Plaintiff fails to cure the designated deficiency
within thirty days from the date of this Order the action will be dismissed without
further notice.
DATED February 3, 2015, at Denver, Colorado.
BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge

3