Hester v. Stephens et al

Filing 3

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES by Magistrate Judge Gordon P. Gallagher on 8/26/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 15-cv-01851-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.)
DONNIQUE HESTER,
Plaintiff,
v.
EMT, Ambulance 33, Denver Health
JOY STEPHENS, In Official and Individual Capacities,
CASILLAS JAY JR., P13016, Police Department, In Official and Individual
Capacities, and
RICHARD SMITH, Ambulance 33, Denver Health, In Official and Individual Capacities,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

On August 25, 2015, Plaintiff Donnique Hester submitted to the Court a
Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915. The
Court, therefore, has initiated an action as it appears Plaintiff intends to proceed with an
action in this Court. As part of the Court’s review pursuant to D.C.COLO.LCivR 8.1(b),
the Court has determined that the filing is 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. 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)
(2)
(3)

(4)
(5)
(6)
(7)
(8)
(9)
(10)

X

is not submitted
is missing affidavit
the prisoner’s trust fund statement submitted does not cover the full
6-month period immediately preceding this filing and is not certified by
a jail official
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:

Complaint, Petition or Application:
(11)
X
is not submitted
(12)
is not on proper form (Plaintiff may find the Court-approved forms at
www.cod.uscourts.gov.)
(13)
is missing an original signature by the prisoner
is missing page nos.
(14)
(15)
uses et al. instead of listing all parties in caption
(16)
names in caption do not match names in text
(17)
addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition, or habeas application
other:
(18)
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 Plaintiff shall obtain the Court-approved forms used
in filing a Prisoner Complaint and the Prisoner’s Motion and Affidavit for Leave to
Proceed Pursuant to 28 U.S.C. § 1915 form if desired (with the assistance of his case
manager or the facility’s legal assistant), along with the applicable instructions, at

2

www.cod.uscourts.gov. Plaintiff must use the Court-approved forms when curing the
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.
DATED August 26, 2015, at Denver, Colorado.
BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge

3