Maes et al v. Morris et al

Filing 4

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES by Magistrate Judge Gordon P. Gallagher on 8/14/15. Clerk shall send Plaintiff a copy of the Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 form (mailed as ordered). (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-01753-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.)
CARLOS MAES,
Plaintiff,
v.
BRITTNEY HAYES,
RYAN MORRIS, Det.,
JULIAN CLARK, Corp.,
LANCE GILBERT, and
BONITA GILBERT,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Plaintiff, Carlos Maes, has submitted to the Court a Prisoner Complaint (ECF No.
1) and a Motion to File Without Payment of Filing Fee” (ECF No. 3). As part of the
Court’s review pursuant to D.C.COLO.LCivR 8.1(b), the court has determined that one
of the submitted documents is deficient as described in this order. Plaintiff will be
directed to cure the following if he wishes to pursue any claims 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:
is not submitted
(1)
is missing affidavit
(2)
(3)
XX is missing certified copy of prisoner’s trust fund statement for the 6-month
period immediately preceding this filing
(4)
is missing certificate showing current balance in prison account
is missing required financial information
(5)
(6)
XX is missing authorization to calculate and disburse filing fee payments

(7)
(8)
(9)

XX

(10)

XX

is missing an original signature by the prisoner
is not on proper form (must use the court’s current form)
names in caption do not match names in caption of complaint, petition or
habeas application
other: 1915 motion and supporting documents are necessary only if filing
fees totaling $400.00 are not paid in advance.

Complaint, Petition or Application:
(11)
is not submitted
(12)
is not on proper 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 Plaintiff cure the deficiencies designated above within thirty
(30) 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 Clerk of Court shall send Plaintiff a copy of the
court-approved form (and attachments) for filing a Prisoner's Motion and Affidavit for
Leave to Proceed Pursuant to 28 U.S.C. § 1915. Plaintiff shall use the form in curing
the deficiencies. It is
FURTHER ORDERED that, if Plaintiff fails to cure the designated deficiencies
within thirty (30) days from the date of this order, the action will be dismissed
without further notice. The dismissal shall be without prejudice.
DATED August 14, 2015, at Denver, Colorado.
BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge
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