Vigil v. Tauriello et al

Filing 8

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES by Magistrate Judge Gordon P. Gallagher on 11/3/15. (dkals, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 15-cv-02421-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.) PAUL R. VIGIL, Plaintiff, v. PAUL TAURIELLO, Director of the Colorado Division of Worker’s Compensation, LAWRENCE BARTON GOLDMAN, M.D.Rehabilitation Associated of Colorado, P.C., and in His Individual Capacity, BILL DUNN, Sr. JE Dunn Construction Company and in His Individual Capacity, PHIL KALIN, as President and CEO of Pinnacol Insurance, and in His Individual Capacity, ALEXANDRA E. COLEMAN, Esq. of Ruegsegger Simmons Smith & Stern, LLC, and in Her Individual Capacity, Defendants. ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES Plaintiff, Paul R. Vigil, resides in Denver, Colorado. On October 30, 2015, Mr. Vigil submitted a purported Complaint (ECF No. 1) and a “Motion Court Plaintiff Leave to Process without Prepay Pursuant to 28 U.S.C. 1915” (ECF No. 2). As part of the Court=s review pursuant to D.C.COLO.LCivR 8.1(a), the Court has determined that the submitted documents are deficient as described in this order. Mr. Vigil will be directed to cure the following if he wishes to pursue his claims. Any papers that Plaintiff files in response to this Order must include the civil action number on this Order. Application to Proceed in District Court Without Prepaying Fees or Costs: (1) is not submitted (2) xx is not on proper form (must use the Court=s current form) (3) is missing original signature by Plaintiff (4) is missing affidavit (5) (6) (7) (8) xx affidavit is incomplete affidavit is not properly notarized names in caption do not match names in caption of complaint, petition or application other: in the alternative, Mr. Vigil may pay the $400.00 filing fee. Complaint or Petition: (9) is not submitted (10) xx is not on proper form (must use the court=s current form) (11) is missing an original signature by the Plaintiff (12) is incomplete (13) uses et al. instead of listing all parties in caption (14) names in caption do not match names in text of Complaint (15) addresses must be provided for all defendants/respondents in ASection A. Parties@ of complaint, petition or habeas application (16) other: Accordingly, it is ORDERED that Plaintiff cure the deficiencies designated above within thirty days from the date of this Order. It is FURTHER ORDERED that Plaintiff shall obtain the Court-approved forms used in filing a Complaint and an Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form), along with the applicable instructions, at www.cod.uscourts.gov, and shall use the forms to cure the above noted deficiencies. Plaintiff may pay the $400.00 filing fee in lieu of filing an in forma pauperis motion. It is FURTHER ORDERED that if Plaintiff fails to cure the designated deficiency within thirty days from the date of this Order the action will be dismissed without further notice. DATED November 3, 2015, at Denver, Colorado. BY THE COURT: s/Gordon P. Gallagher United States Magistrate Judge

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