Calbart v. Zimmer Inc et al

Filing 3

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCY by Magistrate Judge Gordon P. Gallagher on 1/27/16. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 16-cv-00197-GPG
ERNIE LEE CALBART,
Plaintiff,
v.
ZIMMER, INC.,
ZIMMER HOLDINGS, INC., and
ZIMMER ORTHOPEDIC SURGICAL PRODUCTS, INC.
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCY

Plaintiff, Ernie Lee Calbart, is in the custody of the Colorado Department of
Corrections at the Correctional Facility in Sterling, Colorado. Mr. Calbart initiated this
action in the Northern District of Illinois. (ECF No. 1-1). The Northern District of Illinois
determined that venue is proper in the District of Colorado and transferred the case to this
District on January 26, 2016. (Id.). As part of the Court=s review pursuant to
D.C.COLO.LCivR 8.1(b), the Court has determined that Plaintiff’s filing is deficient for the
reasons discussed below. Plaintiff will be directed to cure the following if he wishes to
pursue any claims in this Court in this action at this time. 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) X
is not submitted
(2)
is not on correct form
(3) X
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)
is missing required financial information

(6)
(7)
(8)
(9)
(10)

X

is missing authorization to calculate and disburse filing fee payments
is missing an original signature by the prisoner
is not on proper form
names in caption do not match names in caption of complaint, petition or
habeas application
other: Plaintiff may pay the $400.00 filing fee instead of
submitting a § 1915 motion and affidavit

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 ASection A.
Parties@ of complaint, petition or habeas application
(18)
other:
Accordingly, it is
ORDERED that if Plaintiff desires to proceed with this action at this time, he shall
cure the deficiency designated above within 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 file a Prisoner’s Motion for Leave to
Proceed Pursuant to 28 U.S.C. § 1915 on the court-approved forms, or pay the $400.00
filing fee, in order to cure the deficiency in this action. Plaintiff may obtain copies of the
court-approved forms at www.cod.uscourts.gov. It is
FURTHER ORDERED that if Plaintiff fails to cure the designated deficiencies
within 30 days from the date of this Order the action may be dismissed without further
notice.
DATED January 27, 2016, at Denver, Colorado.
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BY THE COURT:

s/ Gordon P. Gallagher
United States Magistrate Judge

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