Farrell v. State of Colorado et al
Filing
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ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Gordon P. Gallagher on 4/23/15. (morti, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00854-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.)
TERRANCE FARRELL III,
Plaintiff,
v.
STATE OF COLORADO,
CORRECTIONS CORP. OF AMERICA,
ADMINISTRATIVE HEAD OF BVCF, and
ADMINISTRATIVE HEAD OF CCCF,
Defendants.
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES
On April 22, 2015, Plaintiff submitted to the Court a pleading titled, “Motion for
an Immediate Injunction for Facilities Named Herein to Cease and/or Clarify Harm From
Electronic Devices Used in Training and SOTP Programs,” ECF No. 1. The purpose for
submitting this document to the Court is not clear. Plaintiff does not indicate if he
intends to file the Motion in one of his pending cases or to initiate a new action.
However, to be sure that Plaintiff is provided the benefit of the doubt the Court has
initiated this action. As part of the Court’s review pursuant to D.C.COLO.LCivR 8.1(b),
the Court has determined that the Motion is deficient as described in this Order. 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)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
X
X
X
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
is missing certificate showing current balance in prison account
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: Rather than proceed pursuant to 28 U.S.C. § 1915,
Plaintiff may pay the remainder of the $400 filing fee in full,
Complaint, Petition or Application:
(11)
is not submitted
(12)
X
is not on proper form (Plaintiff may find the Court-approved forms at
www.cod.uscourts.gov.)
(13)
is missing an original signature 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
addresses must be provided for all defendants/respondents in “Section A.
(17)
Parties” of complaint, petition or habeas application
(18)
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 form, depending on
the type of action Plaintiff intends to file, and the Prisoner’s Motion and Affidavit for
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Leave to Proceed Pursuant to 28 U.S.C. § 1915 form if desired (with the assistance of
his case manager or the facility’s legal assistant), along with the applicable instructions,
at www.cod.uscourts.gov. Plaintiff must use the Court-approved forms when curing the
deficiencies. 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 23, 2015, at Denver, Colorado.
BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge
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