Terrell-Bey v. Crank et al

Filing 5

ORDER Directing Plaintiff To Cure Deficiencies, by Magistrate Judge Gordon P. Gallagher on 04/01/15. (nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-0668-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.)
BROOKS TERRELL-BEY,
Plaintiff,
v.
K. CRANK, Trust Fund Accountant; and
GOMEZ, Unit Manager,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

On March 31, 2015, Plaintiff, Brooks Terrell-Bey, initiated this action by filing a
Prisoner Complaint (ECF No. 1), a Motion and Affidavit for Leave to Proceed under 28
U.S.C. § 1915 (ECF No. 3) and a “Motion to Compel an Officer of the U.S. to Perform
His Duties” (ECF No. 4). In the Motion, Plaintiff complains about the conditions of his
confinement. Accordingly, this case has been opened as a civil rights 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 there are deficiencies in this
action. Plaintiff will be directed to cure the following if he wishes to pursue any claims in
this Court 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:
(1)

is not submitted

(2)
(3)

X

(4)
(5)
(6)
(7)
(8)
(9)
(10)

X

is missing affidavit
copy of prisoner’s trust fund statement for the 6-month period
immediately preceding this filing is not submitted
trust fund account statement is missing certification by authorized prison
official
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: Plaintiff may pay the $400 filing fee in lieu of filing a
§ 1915 Motion.

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 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 April 1, 2015, at Denver, Colorado.
BY THE COURT:

/s/ Gordon P. Gallagher
United States Magistrate Judge

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