Forbes v. Garcia et al

Filing 3

ORDER TO CURE DEFICIENCIES by Magistrate Judge Gordon P. Gallagher on 9/2/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-01860-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.)

JASON FORBES,
Plaintiff,
v.
DEPUTY GARCIA, EID #13141, and
DEPUTY C. JOHNSON, EID # 13095, and
DEPUTY YOSHIMIYA, EID # 13080, and
DEPUTY CHOAFE, EID # 12023, and
DEPUTY GONZALES, EID # 07092,
Defendants.

ORDER TO CURE DEFICIENCIES

Plaintiff, Jason Forbes, is in the custody of the Colorado Department of
Corrections, currently incarcerated at the Sterling Correctional Facility in Sterling,
Colorado. On August 27, 2015, Mr. Forbes filed pro se a “Notice of Intent and Affidavit
Pursuant to 42 U.S.C. § 1983,” (“the Notice”) (ECF No. 1), and the Court initiated a civil
rights action.
As part of the Court’s review pursuant to D.C.COLO.LCivR 8.1(b), the Court has
determined that the document filed is deficient as described in this Order. Mr. Forbes
will be directed to cure the following if he wishes to pursue any claims in this Court in
this action. Any papers that Mr. Forbes files in response to this Order must include the
civil action number on this Order.

The “Notice” filed by Mr. Forbes appears to be a request for discovery. However,
in order to initiate a lawsuit in this Court, Plaintiff is required to file a “complaint with the
court,” Fed. R. Civ. P. 3, and either pay the full filing fee or seek permission to proceed
in forma pauperis, 28 U.S.C. §§ 1914 and 1915.
28 U.S.C. § 1915 Motion and Affidavit:
(1)

x

is not submitted

(2)

is not on a proper Court-approved form (must use the Court’s current
Prisoner “Motion Pursuant to 1915 (Waive Fee) Complaint” form).

(3)

is missing affidavit

(4)

x

is missing certified copy of prisoner's trust fund statement for the 6-month
period immediately preceding this filing

(5)

is missing certificate showing current balance in prison account

(6)

is missing authorization to calculate and disburse filing fee payments

(7)

is missing an original signature by the prisoner

(8)

x

other: in the alternative, Plaintiff may pay the $400.00 filing fee instead of
filing a § 1915 motion and affidavit.

Complaint, Petition or Application:
(9)

x

is not submitted (must use the Court-approved Prisoner Complaint
Form).

(10)

is not on proper form

(11)

is missing an original signature by the prisoner

(12)

is missing page nos.

(13)

uses et al. instead of listing all parties in caption

(14)

names in caption do not match names in text

(15)

other:

Accordingly, it is
ORDERED that Mr. Forbes cure the deficiencies designated above within thirty
days from the date of this Order. Any papers that Mr. Forbes files in response to this

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Order must include the civil action number on this Order. It is
FURTHER ORDERED that Mr. Forbes shall obtain the Court-approved Prisoner
Complaint form and the Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant
to 28 U.S.C. § 1915 form, along with the applicable instructions, at
www.cod.uscourts.gov and use those forms to correct the deficiencies. It is
FURTHER ORDERED that if Mr. Forbes fails to cure the designated deficiencies,
within thirty days from the date of this Order, the action will be dismissed without
further notice.
DATED September 2, 2015, at Denver, Colorado.
BY THE COURT:
s/Gordon P. Gallagher
United States Magistrate Judge

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