Owings v. People of the State of Colorado, The

Filing 3

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES by Magistrate Judge Gordon P. Gallagher on 9/17/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 15-cv-02048-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.)
JEFFERSON WADE OWINGS,
Applicant,
v.
THE PEOPLE OF THE STATE OF COLORADO,
Respondent.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES

Applicant, a state prisoner in Colorado, has submitted to the court a document
titled “Affidavit of Memorandum of Record as to Incomplete Court Record Designation
on Appeal and Notice With Request in the U.S. District Court” (ECF No. 1). Although it
is not clear what type of action Applicant intends to pursue or what claims he intends to
assert, the instant civil action has been commenced. As part of the court’s review
pursuant to D.C.COLO.LCivR 8.1(b), the court has determined that the document is
deficient as described in this order. Applicant will be directed to cure the following if he
wishes to pursue his claims. If Applicant does not intend to pursue a civil action in this
court at this time, he should advise the court of that fact and the instant action will be
dismissed. Any papers that Applicant 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)

xx
xx

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

xx

is not submitted
is missing affidavit
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 (must use the court’s current form)
names in caption do not match names in caption of complaint, petition or
habeas application
other: motion and supporting documents are necessary only if applicant
filing fee is not paid in advance.

Complaint, Petition or Application:
(11) xx
is not submitted
is not on proper form
(12)
(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 Applicant cure the deficiencies designated above within thirty
(30) days from the date of this order. Any papers that Applicant files in response to
this order must include the civil action number on this order. It is
FURTHER ORDERED that Applicant shall obtain the proper, court-approved
forms (with the assistance of his case manager or the facility’s legal assistant), along
with the applicable instructions, at www.cod.uscourts.gov. It is
FURTHER ORDERED that, if Applicant 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.
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DATED September 17, 2015, at Denver, Colorado.
BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge

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