Chrisco v. Raemisch
Filing
7
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES by Magistrate Judge Gordon P. Gallagher on 10/7/15. 4 Motion for Copying and Service of Pleadings and for Waiver of Copying and Service Fees is denied as moot, and 5 Motion for Appointment of Class Counsel and Declaration in Support is denied. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02074-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.)
LUKE IRVIN CHRISCO, Secured Party, individually and on behalf of all persons similarly
situated,
Plaintiff,
v.
RICHARD F. RAEMISCH, Executive Dir. of the CDOC,
Defendant.
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES
Plaintiff, a prisoner in the custody of the Colorado Department of Corrections, has
submitted to the court a Prisoner Complaint (ECF No. 1), an Application to Proceed In
Forma Pauperis Pursuant to 28 U.S.C. § 1915 (ECF No. 3), a Motion for Copying and
Service of Pleadings and for Waiver of Copying and Service Fees (ECF No. 4), a Motion
for Appointment of Class Counsel and Declaration in Support (ECF No. 5), and a Motion
for Injunctive Relief (ECF No. 6). As part of the court’s review pursuant to
D.C.COLO.LCivR 8.1(b), the court has determined that the documents are 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:
(1)
is not submitted
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
xx
xx
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:
.
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
(17)
addresses must be provided for all defendants/respondents in “Section A.
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 Plaintiff shall obtain the court-approved Prisoner’s
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 form (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 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. It is
FURTHER ORDERED that the Motion for Copying and Service of Pleadings and
for Waiver of Copying and Service Fees (ECF No. 4) is denied as moot and the Motion for
Appointment of Class Counsel and Declaration in Support (ECF No. 5) is denied as
premature.
DATED October 7, 2015, at Denver, Colorado.
BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?