McDaniel et al v. City and County of Denver et al

Filing 5

ORDER Directing Plaintiff's To Cure Deficiencies, by Magistrate Judge Gordon P. Gallagher on 05/13/15. (nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 15-cv-00989-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.)
ASHLEY MCDANIEL
TONYA MCDANIEL,
Plaintiffs,
v.
CITY AND COUNTY OF DENVER,
DENVER DISTRICT ATTORNEY,
DISTRICT TWO POLICE DEPARTMENT,
INTERNAL AFFAIRS,
INDEPENDENT MONITOR,
GLEN LEVY,
DIANE ARAGON,
OFFICER FEMALE (CHERLY SMITH),
JUDGE HADA,
LORI FREUND,
OFFICER JOHN DOE,
OFFICER JOHN DOE,
Defendants.

ORDER DIRECTING PLAINTIFFS TO CURE DEFICIENCIES

Plaintiffs, Ashley McDaniel and Tonya McDaniel, reside in Denver, Colorado. On
May 8, 2015, they submitted a Complaint against twelve defendants. (ECF No. 1). They
have also both submitted Applications to Proceed in District Court without Prepaying
Fees or Costs. (ECF no. 2 and 4). As part of the Court’s review pursuant to
D.C.COLO.LCivR 8.1(a), the Court has determined that the submitted documents are
deficient as described in this order. Plaintiffs will be directed to cure the following if they
wishe to pursue their claims. Any papers that Plaintiffs file in response to this Order

must include the civil action number on this Order.
Application to Proceed in District Court Without Prepaying Fees or Costs:
is not submitted
(1)
(2)
is not on proper form (must use the Court’s current form)
is missing original signature by Plaintiff
(3)
(4)
is missing affidavit
(5)
affidavit is incomplete
affidavit is not properly notarized
(6)
(7)
names in caption do not match names in caption of complaint, petition or
application
other:
(8)
Complaint or Petition:
(9)
is not submitted
(10)
is not on proper form (must use the court’s current form)
(11)
X
is missing original signatures by the Plaintiffs
is incomplete (must complete all sections, including Jurisdiction)
(12)
X
(13)
uses et al. instead of listing all parties in caption
(14)
X
names in caption do not match names in text of Complaint (Lori Freund
listed in Caption, but Lori Frum and Lori Fruend listed in Complaint; Judge
Kenneth Doe listed in Complaint but not listed in caption).
(15)
X
addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition or habeas application
(16)
X
other: “Supplement to Complaint” contains different names under some of
the same claims for relief. A supplement may contain additional
information but may not repeat or contradict the Complaint. Also, the
separate Complaint of McDaniel vs. Wallace should be included only as
an Exhibit or Attachment.
Accordingly, it is
ORDERED that Plaintiffs cure the deficiencies designated above within thirty
days from the date of this Order. It is
FURTHER ORDERED that Plaintiffs shall obtain the Court-approved forms used
in filing a Complaint, along with the applicable instructions, at www.cod.uscourts.gov,
and use the forms to cure the above noted 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. The dismissal will be without prejudice.
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DATED May 13, 2015, at Denver, Colorado.
BY THE COURT:

s/Gordon P. Gallagher
United States Magistrate Judge

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