McMahan v. No Named Defendants

Filing 3

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-00337-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.)
JAMIE MCMAHAN,
Plaintiff,
v.

[NO NAMED DEFENDANTS],
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Plaintiff, Jamie McMahan, is in the custody of the Federal Bureau of Prisons at
the United States Penitentiary–Administrative Maximum, in Florence, Colorado.
Plaintiff, acting pro se, initiated this action by filing a Letter with the Court in which he
complains about the conditions of his confinement. The Court has opened a civil action
pursuant to 28 U.S.C. § 1331 and Bivens v. Six Unknown Named Agents of Fed. Bureau
of Narcotics, 403 U.S. 388 (1971).

As part of the Court’s review pursuant to D.C.COLO.LCivR 8.1(b), the Court has
determined that the submitted document is deficient as described in this Order. Plaintiff
will be directed to cure the following if he wishes to pursue his claims in this Court in this
action. Any papers that Plaintiff files in response to this Order must include the civil
action number noted above in the caption of this Order.

28 U.S.C. § 1915 Motion and Affidavit:
is not submitted
(1)
xx
2)
is not on a proper Court-approved form (must use the Court’s current
form)
is missing affidavit
(3)
(4)
xx
is missing certified copy of prisoner's trust fund statement for the 6-month
period immediately preceding this filing
(5)
is missing certificate showing current balance in prison account
(6)
xx
is missing authorization to calculate and disburse filing fee payments
(7)
is missing an original signature by the prisoner
(8)
xx
other: Plaintiff may pay the $400.00 filing fee in lieu of filing a § 1915
motion and affidavit.
Complaint, Petition or Application:
(9)
xx
is not submitted (Plaintiff must submit a Prisoner Complaint)
(10)
is not on proper form (must use the Court’s current form)
(11)
is missing an original signature by the prisoner
(12)
is missing page nos.
(13)
uses et al. instead of listing all parties in caption
names in caption do not match names in text
(14)
(15)
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 the Plaintiff shall obtain the court-approved forms for
filing a Prisoner Complaint and 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.
Plaintiff shall use the forms in curing the deficiencies noted. It is
FURTHER ORDERED that if Plaintiff fails to cure the designated deficiencies
within thirty days from the date of this Order this action will be dismissed without

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further notice.
DATED: February 18, 2015, at Denver, Colorado.
BY THE COURT:

s/ Gordon P. Gallagher
United States Magistrate Judge

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