Kurz v. Colorado Department of Corrections
Filing
4
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES by Magistrate Judge Gordon P. Gallagher on 12/11/15. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02673-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.)
MICHELE M. KURZ,
Plaintiff,
v.
COLORADO DEPARTMENT OF CORRECTIONS,
H.S.A. ZADE, R.N.,
CHRISTINE WALKER, R.N., N.P.,
JANE DOE, Medical Staff @ LCVF, and
JOHN DOE, Medical Staff @ LCVF,
Defendants.
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES
Plaintiff, a Colorado state prisoner, has submitted to the court a Prisoner
Complaint (ECF No. 1) and a Prisoner’s Motion and Affidavit for Leave to Proceed
Pursuant to 28 U.S.C. § 1915 in a Habeas Corpus Action (ECF No. 2). 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 she 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)
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)
(6)
(7)
(8)
xx
xx
(9)
(10) xx
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 (Plaintiff incorrectly used the form for a habeas corpus
action)
names in caption do not match names in caption of complaint, petition or
habeas application
other: motion and supporting documents are necessary only if fees totaling
$400.00 are not paid in advance.
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 her 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 December 11, 2015, at Denver, Colorado.
2
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?