Magnum et al v. Raemisch et al

Filing 3

ORDER Directing Plaintiff To Cure Deficiencies, by Magistrate Judge Gordon P. Gallagher on 05/19/15. (nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-01050-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.)
MARK ANTHONY MAGNUM,
QUANTUM SOLUTIONS, LLC, A Service and Domestic for Profit Corporation, and
INVENT HELP CORPORATION, INC., A Service and Foreign for Profit Corporation,
Plaintiffs,
v.
RICK RAEMISCH, In his Official Capacity as the Executive Director of the Colorado
Department of Corrections, an Employee of the State of Colorado,
BRANDON C. SHAFFER, In his Official Capacity as Chairman of the Colorado State
Board of Parole, an Employee for the State of Colorado,
JOHN DOE #1, In his Individual Capacity, John Doe #1 in his or her Official
and Individual Capacity as a Colorado State Board of Parole, Administrative
Hearing Officer or Administrative Law Judge, an Employee of the State of
Colorado,
MATTHEW GOLDBERG, In his Official and Individual Capacity as Colorado
Department of Corrections Parole Officer, an Employee of the Colorado
Department of Corrections,
KRISTIN WATT, In her Official and Individual Capacity as a Colorado Department of
Corrections Parole Officer, an Employee of the Colorado Department of
Corrections,
JOHN DOE #2, In his Official and Individual Capacity as a Colorado Department of
Corrections Parole Officer, an Employee of the Colorado Department of
Corrections,
JOHN DOE #3, In his Official and Individual Capacity as a Colorado Department of
Corrections Parole Officer, and Employee of the Colorado Department of
Corrections,
REBECCA OAKES, In her Official and Individual Capacity as a Parole Board Member,
an Employee for the Colorado State Board of Parole, State of Colorado,
JOHN O’DELL, In his Official and Individual Capacity as a Parole Board Member, an
Employee of the Colorado State Board of Parole, State of Colorado,
JOE MORALES, In his Official and Individual Capacity as a Parole Board Member, an
Employee for the Colorado State Board of Parole, State of Colorado,
ALFREDO PENA, In his Official and Individual Capacity as a Parole Board Member, an
Employee of the Colorado State Board of Parole, State of Colorado,
MARJORIE LEWIS, In her Official and Individual Capacity as a Parole Board Member,
an Employee of the Colorado State Board of Parole, State of Colorado,

DENISE BALAZIC, In her Official and Individual Capacity as a Parole Board Member,
an Employee of the Colorado State Board of Parole, State of Colorado,
JAMES HYMAN, In his Official and Individual Capacity as the C.E.O. and Chairman of
Community Education Center, Inc., a Service and Foreign for Profit Delaware
Corporation,
STEVEN HARTLEY, In his Official and Individual Capacity as the Director of Cheyenne
Mountain RE-Entry Center, a Service and or Profit Subsidiary Corporation of
Community Education Center, Inc.,
SAHIB H. BROWN, SR., In his Official and Individual Capacity as Director or Programs,
an Employee for Cheyenne Mountain Re-Entry Center,
KELLY LEHMAN, In her Official and Individual Capacity as the Unit Manager, an
Employee for Cheyenne Mountain Re-Entry Center, and
LAURA TORRES, In her Official and Individual Capacity as the Paralegal and Librarian,
an Employee for Cheyenne Mountain Re-Entry Center,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

On May 18, 2015, Plaintiff Magnum, one of three named Plaintiffs, submitted to
the Court a Complaint. As part of the Court’s review pursuant to D.C.COLO.LCivR
8.1(a) and (b), the Court has determined that the filing is deficient as described in this
Order. Plaintiffs will be directed to cure the following if they wish to pursue any claims in
this Court in this action. Any papers that Plaintiffs file in response to this Order must
include the civil action number on this Order.
28 U.S.C. § 1915 Motion and Affidavit/Application to Proceed in District Court
Without Prepaying Fees or Costs (Long Form):
(1)
(2)
(3)
(4)
(5)
(6)
(7)

X
X

is not submitted
is missing affidavit
If Plaintiff is a prisoner he must submit a 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
2

(8)
(9)
(10)

is not on proper form
names in caption do not match names in caption of complaint, petition or
habeas application
other: Each named plaintiff must submit a request to
proceed without payment of the $400 filing fee and submit
the request on a proper Court-approved form that is required
for either a prisoner or nonprisoner. In the alternative,
plaintiffs may pay the filing fee in full.

Complaint, Petition or Application:
(11)
is not submitted
is not on proper form (Plaintiff may find the Court-approved forms at
(12)
X
www.cod.uscourts.gov.)
(13)
X
is missing an original signature by the prisoner and other named plaintiffs
(14)
is missing page nos.
(15)
uses et al. instead of listing all parties in caption
names in caption do not match names in text
(16)
(17)
addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition or habeas application
(18)
other:
Accordingly, it is
ORDERED that Plaintiffs cure the deficiencies designated above within thirty
days from the date of this Order. Any papers that Plaintiffs file in response to this
Order must include the civil action number on this Order. It is
FURTHER ORDERED that Plaintiff Magnum shall obtain the proper
Court-approved form used in filing a 28 U.S.C. § 1915 Motion and a Prisoner Complaint
(with the assistance of his case manager or the facility’s legal assistant), along with the
applicable instructions, www.cod.uscourts.gov, to be used in curing deficiencies. All
named Plaintiffs must sign the Prisoner Complaint. It is
FURTHER ORDERED that Plaintiffs Quantum Solutions LLC and Invent Help
Corporation, Inc., shall obtain an Application to Proceed in District Court Without
Prepaying Fees or Costs (form for nonprisoners to proceed pursuant to 28 U.S.C.
3

§ 1915) at www.cod.uscourts.gov., if they desire to proceed without payment of the
$400 filing fee in this case. It is
FURTHER ORDERED that, if Plaintiffs fail to cure the designated deficiencies
within thirty days from the date of this Order, the action will be dismissed without
further notice.
DATED May 19, 2015, at Denver, Colorado.
BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge

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