Bramscher v. Qucik et al

Filing 3

ORDER Directing Plaintiff To Cure Deficiencies, by Magistrate Judge Gordon P. Gallagher on 2/6/15. (nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 15-cv-00257-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.)
WILLIAM ROBERT BRAMSCHER,
Plaintiff,
v.
CITY OF WESTMINSTER, COLORADO, et al.,
DON QUICK, in his personal and professional capacity as former District Attorney of
Adams County/District Court, Colorado, et al.,
DANIEL THOMAS BRECHBUHL, in his personal and professional capacity as former
Senior Deputy District Attorney of Adams County/District Court, Colorado, et al.,
STACY KAY MOORE, in her personal and professional capacity as former agent of the
District Attorney of Adams County/District Court, Colorado, et al.,
CARA M. BOXBURGER, in her personal and professional capacity as an agent of the
District Attorney of Adams County/District Court, Colorado, et al.,
CATHLIN MARIANNE SANDLER, (formally MATSON) in her personal and professional
capacity as a Public Defender 10CR3690, et al.,
RAYMOND F. JOACHIM, in his personal and professional capacity as Advisory
Defense Counsel 10CR3690, et al.,
RICHARD ANTHONY HERNANDEZ, in his personal and professional capacity as
Alternative Defense Counsel 10CR3690, et al.,
FRANCES E. SIMONET, in her personal and professional capacity as Alternative
Defense Counsel 10CR3690, et al.,
BRIAN BOWEN, in his personal and professional capacity as an
Attorney/Magistrate/Judge for the Adams County District Court, Colorado, et al.,
BYRON LYNN HOWELL, in his personal and professional capacity as an
Attorney/Magistrate/Judge for the Adams County District Court, Colorado, et al.,
JOHN E. POPVICH, JR., in his personal and professional capacity as an
Attorney/Magistrate/Judge for the Adams County District Court, Colorado, et al.,
WESTMINSTER POLICE DEPARTMENT, Colorado, et al.,
RICHARD J. INFRANCA, in his personal and professional capacity as a Detective for
the City of Westminster, Colorado, et al.,
PHILIP A. MAIMOME, in his personal and professional capacity as a Police Officer for
the City of Westminster, Colorado, et al.,
JAMES K. WOLLACK, in his personal and professional capacity as a Police Officer for
the City of Westminster, Colorado, et al.,
LEE BIRK, in his personal and professional capacity as Chief of Police for the City of

Westminster, Colorado, et al.,
TIM CARLSON, in his personal and professional capacity as Patrol Services Division
Manager for the City of Westminster, Colorado, et al.,
MIKE CRESSMAN, in his personal and professional capacity as a Deputy Chief of
Police for the City of Westminster, Colorado, et al.,
JEFF JONES, in his personal and professional capacity as a Deputy Chief of Police for
the City of Westminster, Colorado, et al.,
DOUGLAS SGAMBELLURI, in his personal and professional capacity as a Police
Sergeant for the City of Westminster, Colorado, et al., and
JOHN ANTHONY STIPECH, in his personal and professional capacity as elected
attorney with magistrate duties for the Westminster Municipal Court, Colorado,
and in his personal participation as the only “victim” 10CR3690,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Plaintiff has submitted to the court a complaint (ECF No. 1). As part of the
court’s review pursuant to D.C.COLO.LCivR 8.1(a), the court has determined that the
complaint is deficient as described in this order. Plaintiff 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.
28 U.S.C. § 1915 Motion and Affidavit:
is not submitted
(1)
xx
(2)
is missing affidavit
is missing certified copy of prisoner’s trust fund statement for the 6-month
(3)
period immediately preceding this filing
is missing certificate showing current balance in prison account
(4)
is missing required financial information
(5)
(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
(10) xx
other: motion is necessary only if fees totaling $400.00 are not paid in
advance.
Complaint, Petition or Application:
2

(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)

xx

is not submitted
is not on proper form
is missing an original signature by the prisoner
is missing page nos.
uses et al. instead of listing all parties in caption
names in caption do not match names in text
addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition or habeas application
other:
.

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 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 fails to cure the designated deficiencies
within thirty (30) days from the date of this order, the action will be dismissed
without further notice. The dismissal shall be without prejudice.
DATED February 6, 2015, at Denver, Colorado.
BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge

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