Kendrick v. 7-Eleven inc

Filing 5

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES by Magistrate Judge Gordon P. Gallagher on 10/6/15. (dkals, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 15-cv-02187-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.) BRADLEY RYAN KENDRICK, Plaintiff, v. 7-ELEVEN, INC., Defendant. ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES Plaintiff Bradley Ryan Kendrick currently is detained at the Boulder County Jail in Boulder, Colorado. On October 1, 2015, Plaintiff submitted a Title VII Complaint (ECF No. 1), the first page of the Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 (ECF No. 3), and an Application to Proceed in District Court Without Prepaying Fees or Costs (ECF No. 4). As part of the Court’s review pursuant to D.C.COLO.LCivR 8.1(b), the Court has determined that the submitted documents are deficient as described in this Order. Plaintiff will be directed to cure the following if he wishes to pursue 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) (2) is missing affidavit (3) X (4) (5) (6) (7) (8) (9) X X (10) X 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 names in caption do not match names in caption of complaint, petition or habeas application other: is incomplete because Plaintiff only submitted the first page of the motion and affidavit. Complaint, Petition or Application: (11) 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 (17) addresses must be provided for all defendants/respondents in “Section A. Parties” of complaint, petition or habeas application (18) X other: is incomplete because Plaintiff did not complete the Administrative Procedures section on page 2 of the Title VII Complaint form. Accordingly, it is ORDERED that if Plaintiff desires to proceed with this action at this time he shall 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 obtain the Title VII Complaint form and Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 form (revised 10/1/12) along with the applicable instructions at 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 2 further notice. DATED October 6, 2015, at Denver, Colorado. BY THE COURT: s/ Gordon P. Gallagher United States Magistrate Judge 3

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