Phillips v. Institution of USP Florence et al
Filing
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ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES by Magistrate Judge Gordon P. Gallagher on 6/2/15. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-01121-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.)
DARRELL PHILLIPS,
Plaintiff,
v.
INSTITUTION OF USP FLORENCE,
COZZA-RHODES, Warden,
A.W. KLEIN, and
ERWIN, Captain,
Defendants.
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES
Plaintiff, Darrell Phillips, is in the custody of the Federal Bureau of Prisons at the
United States Penitentiary (USP) in Florence, Colorado. Mr. Phillips initiated this action
on May 28, 2015, by filing a Letter (ECF No. 1) with the Court in which he complains
that prison officials have violated his Eighth Amendment rights. As part of the Court’s
review pursuant to D.C.COLO.LCivR 8.1(b), the Court has determined that the
documents are 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 at this time. 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)
X
is not submitted
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
X
is not on correct form
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: Plaintiff may pay the $400 filing fee in full, in lieu of
filing a § 1915 motion and affidavit.
Complaint, Petition or Application:
is not submitted
(11)
X
(12)
X
is not on proper form (Plaintiff must use the court-approved
Prisoner Complaint form)
(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 if Plaintiff desires to proceed with this action at this time he shall
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 a copy of the court-approved
forms for filing a Prisoner Complaint and a Prisoner’s Motion and Affidavit for Leave to
Proceed Pursuant to 28 U.S.C. § 1915 form (revised 10/1/12) (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 in curing the
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deficiencies. Plaintiff may pay the $400.00 filing fee in lieu of filing a § 1915 motion and
affidavit. 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 June 2, 2015, at Denver, Colorado.
BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge
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