McDonald v. Colorado's 18th Judicial District

Filing 4

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCY by Magistrate Judge Gordon P. Gallagher on 12/18/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 15-cv-02731-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.)
REED MCDONALD,
Plaintiff,
v.
COLORADO’S 18TH JUDICIAL DISTRICT,
Defendant.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCY

Plaintiff has filed pro se a Complaint Pursuant to 42 U.S.C.A. § 1983 (ECF No. 1)
and an Application to Proceed in District Court Without Prepaying Fees or Costs (Long
Form) (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 in forma pauperis motion is deficient. Plaintiff declares
under penalty of perjury in the in forma pauperis motion that the only income he receives
each month is $185.00 in public assistance, that he has no assets, and that he has no
regular expenses for the operation of a business. However, Plaintiff alleges in his
complaint that he operates three separate businesses, at least one of which allegedly has
several large corporate clients. If Plaintiff wishes to proceed in forma pauperis in this
action, he must file an amended motion seeking leave to proceed in forma pauperis that
clarifies his income, assets, expenses, and any other information relevant to his financial
status and ability to pay the filing fee in this action. Alternatively, Plaintiff may pay the

required filing fees. Accordingly, it is
ORDERED that Plaintiff cure the deficiency designated above within thirty (30)
days from the date of this order if he wishes to proceed in forma pauperis in this action.
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 Application to
Proceed in District Court Without Prepaying Fees or Costs (Long Form) form, along with
the applicable instructions, at www.cod.uscourts.gov. It is
FURTHER ORDERED that, if Plaintiff fails either to pay the required filing fees or
to cure the designated deficiency 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 18, 2015, at Denver, Colorado.
BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge

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