Sale v. Anderson et al

Filing 4

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES by Magistrate Judge Gordon P. Gallagher on 12/17/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02728-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.)

JOSEPH FOX SALE, ADOC # 063416, aka Fox Joseph Salerno, aka Fox J.
Salerno 1
Plaintiff,
v.
JENNIFER ANDERS, Law Librarian,
CASTELLANO, Doctor, Medical Committee,
JOHN CHAPDELAINE, CDOC Warden,
CHRISTIANS, SGT, Mail Room Supervisor,
CLARY, Segregation SGT,
RAYMOND COLE, Disciplinary Lt.,
ANTHONY DECESARO, Grievance Responder,
JAMES FALK, CDOC Warden,
FARMER, Doctor (DDS),
CHASE FELZIEN, Housing Lt.,
DOLF HALL, Medical Committee,
JONATHON JOHNSON, Guard,
KENNEDY, Housing Lt.,
LADD, Housing Unit Sgt.,
KATHY MICKEY, Medical Committee,
STEPHEN MORRIS, ADOC Deputy Warden,
MICHELLE NYCZ, Disciplinary Appeals Officer,
RICK RAEMISCH, CDOC Executive Director,
CHARLES RYAN, ADOC Director,
SCHERBARTH, Associate Warden,
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Plaintiff states and has provided an inmate trust account statement that indicates his
inmate number is 063416. The Court has reviewed both the Public Access to Court Electronic
Records (PACER) and the Arizona Department of Corrections (ADOC) Website. The Court
found on the ADOC Website that the name of the prisoner who is assigned Inmate No. 063416 is
Fox J. Salerno. Also PACER indicates on the Docket in many prisoner cases filed in the United
States District Court for the District of Arizona that a Mr. Fox Joseph Salerno, who is an ADOC
inmate also has Inmate No. 063416. Based on these records, Mr. Joseph Fox Sale appears to
be the same person as Mr. Fox Joseph Salerno.

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BERNADETTE SCOTT, Lt. Mail Room Supervisor,
JAMIE SOURCIE, Medical Supervisor,
DARNEY SWINGLE, Disciplinary Lt.,
JASON WALLACE, Disciplinary Lt., and
WESLEY WILSON, Major,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Plaintiff Joseph Fox Sale, is a prisoner in the custody of the Arizona Department of
Corrections (ADOC) and is currently incarcerated at an Arizona prison facility in Florence,
Arizona. On December 16, 2015, Plaintiff, acting pro se, initiated this action by filing a
Prisoner Complaint and a Prisoner=s Motion and Affidavit for Leave to Proceed Pursuant
to 28 U.S.C. '1915.
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 his claims in this Court
in this action. Any papers that Plaintiff files in response to this Order must include the
civil action number noted above in the caption of this Order.
The Court also notes that Plaintiff has identified his ADOC Inmate No. as 063416.
In Salerno v. Patton, et al., No. 13-01560-PHX-ROS (LOA), (D. Ariz. January 3, 2014), a
Mr. Fox Joseph Salerno, indicated his inmate number also is 063416. Mr. Salerno was
sanctioned with 28 U.S.C. ' 1915(g) filing restrictions in Case No.
13-01560-PHX-ROS(LOA) at ECF No. 42. It appears that in this case Plaintiff may be
using another prisoner=s inmate number or fraudulently stating his name as Joseph Fox
Sale or both.

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Furthermore, on Page 26 of the Complaint, where Plaintiff provides information
about previous lawsuits, in the E. Previous Lawsuits section, he carefully refrains from
stating whether he has filed any cases in the State of Arizona. The Court-approved form
used in this Court for prisoner complaints requires a prisoner to state if he has ever filed
any lawsuits in any federal district or state court while he has been incarcerated. Plaintiff
has failed to provide this information in the Complaint.
Providing fraudulent information to the Court is an abuse of the judicial system.
Plaintiff is warned that this Court will not tolerate abusive filings or the abuse of the federal
court system. Plaintiff, therefore, is directed to submit an affidavit in which he attests to
what his name is and associated ADOC inmate number. Plaintiff also is to complete the
Court-approved Prisoner Complaint form and provide true and accurate information
regarding any and all cases he has filed in both federal and state courts.
The noted deficiencies are as follows.
28 U.S.C. ' 1915 Motion and Affidavit:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)

X

is not submitted
is missing affidavit
is not on proper form (Must use Court-approved form revised 10-1-12)
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 authorization to calculate and disburse filing fee payments
is missing an original signature by the prisoner
other:

Complaint, Petition or Application:
(9)
is not submitted
(10)
is not on proper form (must use the Court=s current form)
(11)
is missing an original signature by the prisoner
(12)
is missing page nos.
(13)
uses et al. instead of listing all parties in caption
(14)
names in caption do not match names in text
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(15)

X

other: Plaintiff must use a Court-approved form used in filing prisoner
complaints in this Court that provides all true and accurate information.

Accordingly, it is
ORDERED that Plaintiff 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 shall obtain the proper Court-approved
Prisoner Complaint form (with the assistance of his case manager or the facility=s legal
assistant), along with the applicable instructions, at www.cod.uscourts.gov. Plaintiff
must use the Court-approved Prisoner Complaint form 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 Complaint and the action will be
dismissed without further notice.
DATED: December 17, 2015, at Denver, Colorado.
BY THE COURT:

Gordon P. Gallagher
United States Magistrate Judge

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