Novitskiy v. USA
SECOND ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES by Magistrate Judge Gordon P. Gallagher on 8/25/15. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-01437-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.)
SECOND ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES
On July 7, 2015, Plaintiff, Sergey Novitskiy, a resident of Aurora, Colorado, filed
pro se a Complaint against the United States. (ECF No. 1). He has been granted leave
to proceed in forma pauperis. (ECF No. 7). On July 10, 2015, the Court ordered Plaintiff
to cure certain designated deficiencies and file an amended complaint if he wished to
pursue his claims. (ECF No. 4). On August 7, 2015, Plaintiff filed an Amended
Complaint (ECF No. 5) and a Letter (ECF No. 6). In the Letter, Plaintiff explained that
he mistakenly submitted the Amended Complaint without signing or dating it and he
also failed to include his address.
The court must construe the Amended Complaint liberally because Mr. Novitskiy
is not represented by an attorney. See Haines v. Kerner, 404 U.S. 519, 520-21 (1972);
Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991). However, the court should not be
an advocate for a pro se litigant. See Hall, 935 F.2d at 1110.
As part of the Court’s initial review pursuant to D.C.COLO.LCivR 8.1(a), the
Court finds that the Amended Complaint is still deficient. It appears that Plaintiff was
attempting to cure the deficiencies, so he will be afforded one last opportunity to cure
the designated deficiencies noted below if he wishes to pursue his claims
Application to Proceed in District Court Without Prepaying Fees or Costs:
is not submitted
is not on proper form (must use the Federal Court’s current form)
is missing original signature by Plaintiff
is missing affidavit
affidavit is incomplete
affidavit is not properly notarized
names in caption do not match names in caption of complaint, petition or
Complaint or Petition:
is not submitted
is not on proper form (must use the current court-approved form)
is missing an original signature by the Plaintiff (as well as a date).
is incomplete (Complaint submitted does not include a page 7).
uses et al. instead of listing all parties in caption
names in caption do not match names in text of Complaint (names in
caption should match the names listed as Parties in Section A)
addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition or habeas application
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 the Plaintiff shall obtain the court-approved form for
filing a General Complaint, along with the applicable instructions, at
www.cod.uscourts.gov. Plaintiff shall use the form in curing the deficiencies noted. It is
FURTHER ORDERED that if Plaintiff fails to cure the designated deficiencies
within thirty days from the date of this Order this action will be dismissed without
DATED: August 25, 2015, at Denver, Colorado.
BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge
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