Nez, Jr. v. Four Unknown Officers, USP Florence

Filing 4

ORDER Directing Plaintiff To Cure Deficiencies, by Magistrate Judge Gordon P. Gallagher on 02/18/15. (nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00329-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.)

CALVIN J. NEZ, JR.,
Plaintiff,
v.
FOUR UNKNOWN OFFICERS, USP Florence,
Defendant.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Plaintiff Calvin J. Nez Jr., is in the custody of the Federal Bureau of Prisons and
currently is incarcerated at the McCreary United States Penitentiary in Pine Knot,
Kentucky. Plaintiff has submitted a Complaint (ECF No. 1) pursuant to 42 U.S.C. §
1331 and Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S.
388 and a Motion to Proceed Without Prepayment of Fees and Affidavit (ECF No. 3).
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)
(4)
(5)
(6)
(7)
(8)

X

X

(9)
(10)

X

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 and authorization
is missing certified statement showing current balance in prison account
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
An original and a copy have not been received by the court.
Only an original has been received.
other: In the alternative, Plaintiff may pay the $400.00 filing fee if he does
not request to proceed pursuant to 28 U.S.C. § 1915.

Complaint, Petition or Application:
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)

X

is not submitted
is not on proper form (must use the court’s current form)
is missing an original signature by the prisoner
is missing page nos.
uses et al. instead of listing all parties in caption
An original and a copy have not been received by the court. Only an
original has been received.
Sufficient copies to serve each defendant/respondent have not been
received by the court.
names in caption do not match names in text
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 proper 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
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the facility’s legal assistant), 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 days from the date of this Order the action will be dismissed without
further notice.
DATED February 18, 2015, at Denver, Colorado.
BY THE COURT:
s/Gordon P. Gallagher
United States Magistrate Judge

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