Wren v. Denver Sheriff Department, City and County of Denver et al

Filing 4

ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Gordon P. Gallagher on 3/4/15. (morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00434-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.)
ANDREW SCOTT WREN,
Plaintiff,
v.
DENVER SHERIFF DEPARTMENT, CITY COUNTY OF DENVER,
COLE, Denver County Sheriff’s Deputy, in His Official and Individual Capacities,
DEPUTY # 2, Denver County Sheriff’s Deputy, in His Official and Individual Capacities,
and
DEPUTY # 3, Denver County Sheriff’s Deputy, in His Official and Individual Capacities,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Plaintiff, Andrew Scott Wren, in the custody of the Colorado Department of
Corrections at the Kit Carson Correctional Facility in Burlington, Colorado. Plaintiff has
submitted a Prisoner Complaint (ECF No. 1). pursuant to 42 U.S.C. § 1983 and a
“Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915, and Motion to
Request Court Appoint Counsel to this Pro Se Plaintiff” (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

(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)
is not submitted
(12)
is not on proper form (must use the Court’s current form used in filing 28
U.S.C. § 2254 actions)
(13)
is missing an original signature and date 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
other: E. Previous Lawsuit section of the Complaint form is not completed
(17)
(Plaintiff has filed previous cases in this Court, must list all cases filed in
any federal or state court )
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 form used in
filing 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. 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 March 4, 2015, at Denver, Colorado.
BY THE COURT:

s/Gordon P. Gallagher
United States Magistrate Judge

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