Barnett v. Cozza-Rhodes et al
Filing
4
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES by Magistrate Judge Gordon P. Gallagher on 10/6/15. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02207-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.)
ANDREW LAUD BARNETT,
Plaintiff,
v.
T.K. (I) COZZA-RHODES, Warden, in his individual and official capacities; and
(I) SILVA, S.I.S. Correctional Officer, in his individual and official capacities,
Defendants.
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES
Plaintiff, a prisoner incarcerated at the Florence High U.S. Penitentiary, has
submitted to the court a Complaint and a Motion and Affidavit for Leave to Proceed
Under 28 U.S.C. 1915 complaining about his conditions of confinement (ECF No. 1). 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. 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:
is not submitted
(1)
(2)
is missing affidavit
(3)
is missing certified copy of prisoner’s trust fund statement for the 6-month
period immediately preceding this filing
(4)
is missing certificate showing current balance in prison account
(5)
is missing required financial information
(6)
xx
is missing authorization to calculate and disburse filing fee payments on
proper form
(7)
is missing an original signature by the prisoner
(8)
(9)
XX
(10)
xx
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: Plaintiff may pay the filing fee of $400 in full in advance instead of
submitting a properly supported 1915 motion and affidavit.
Complaint, Petition or Application for Habeas Corpus Relief:
is not submitted
(11)
(12)
XX is not on proper form (must use the court’s current prisoner 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) XX
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 forms for filing
a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 and
Prisoner Complaint (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.
DATED October 6, 2015, at Denver, Colorado.
BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge
2
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?