Nalty v. Harrell et al
Filing
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ORDER DIRECTING PLAINTIFFS TO CURE DEFICIENCIES by Judge Lewis T. Babcock on 11/9/15. The Clerk is directed to return the $46 filing fee. Case reassigned as 15-cv-02463-GPG. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-7-0070-LTB
(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.)
STEPHEN JOHN NALTY,
Plaintiff,
v.
ALFRED CONWAY HARRELL, JR., Judge;
MITCHELL RICHARD MORRISSEY;
KATHERINE VIRGINIA KIRK;
PATRICK FIRMAN; and
CITY AND COUNTY OF DENVER,
Defendants.
ORDER DIRECTING PLAINTIFFS TO CURE DEFICIENCIES
Plaintiff, Stephen John Nalty, has submitted to the court “A United States First
Amendment Affidavit Petition for Redress of Grievances.” ECF No. 1. He has paid a
filing fee of $46.00. Therefore, this 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. Plaintiff 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.
28 U.S.C. § 1915 Motion and Affidavit:
(1)
_XX_ is not submitted
is missing affidavit
(2)
(3)
XX 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
(4)
(5)
(6)
(7)
(8)
(9)
(10)
is missing required financial information
is missing authorization to calculate and disburse filing fee payments
is missing an original signature by the prisoner
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
_XX_ other: Plaintiff may either pay the $5.00 filing fee for a habeas corpus
action or pay the $400.00 filing fee if he intends to pursue a prisoner
civil rights action.
Complaint, Petition or Application:
is not submitted
(11) XX
is not on proper form
(12) XX
is missing an original signature by the prisoner
(13)
is missing page nos.
(14)
(15)
uses et al. instead of listing all parties in caption
names in caption do not match names in text
(16)
addresses must be provided for all defendants/respondents in “Section A.
(17)
Parties” of complaint, petition or habeas application
other: It appears that Plaintiff is making allegations concerning his
(18)
state criminal proceedings. The present action is not an appropriate
vehicle for pursuing such claims. He may either file a Prisoner
Complaint or an Application for a Writ of Habeas Corpus.
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, 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 Clerk of Court return the $46.00 filing fee to
Plaintiff. It is
Further Ordered that the Clerk of Court assign this case the appropriate civil
action number, assign this case to Magistrate Judge Gordon P. Gallagher, and change
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the caption as indicated in this Order.
DATED November 9, 2015, at Denver, Colorado.
BY THE COURT:
s/ Lewis T. Babcock
Senior United States District Judge
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