Cornish et al. v. Prudential Insurance Co America et al
ORDER DIRECTING PLAINTIFFS TO CURE DEFICIENCIES AND TO PROVIDE BASIS FOR FEDERAL JURISDICTION by Magistrate Judge Gordon P. Gallagher on 2/9/16. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 16-cv-00292-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.)
CLEOPHUS MORRIS II, and
[NO NAMED DEFENDANT],
ORDER DIRECTING PLAINTIFFS TO CURE DEFICIENCIES
AND TO PROVIDE BASIS FOR FEDERAL JURISDICTION
Plaintiffs, Cleophus Morris II and Sherdyne Cornish, reside in Denver, Colorado.
They initiated this action by filing, pro se, a document titled “First Claim for Relief and
Supporting Factual Allegations” (ECF No. 1). Plaintiff Cornish has also submitted an
Application to Proceed in District Court without Prepaying Fees or Costs on the courtapproved form. (ECF No. 3).
Pursuant to review under D.C.COLO.LCivR 8.1(a), the Court has determined that
the submitted documents are deficient as described in this order. Plaintiffs will be
directed to cure the following if they wish to pursue their claims. Any papers that
Plaintiffs file in response to this order must include the civil action number noted above
in the caption of this order.
Application to Proceed in District Court Without Prepaying Fees or Costs:
is not submitted for Plaintiff Cleophus Morris II (each Plaintiff must submit
a separate Application to Proceed in District Court without Prepaying Fees
is not on proper form (must use the Federal Court=s current form)
is missing original signature by Plaintiff
is missing affidavit
affidavit is incomplete
affidavit in support of application is not signed and dated under
declaration of perjury
names in caption do not match names in caption of complaint, petition or
other: Plaintiff Cleophus Morris II may pay the $400.00 filing fee instead of
submitting an Application to Proceed in District Court without Prepaying
Fees or Costs.
Complaint or Petition:
is not dated
is not on proper form (must use the court=s current “Complaint” form)
is missing an original signature by the Plaintiff
is incomplete (pleading does not provide the jurisdictional basis for the
uses et al. instead of listing all parties in caption
names in caption do not match names in text of Complaint
addresses must be provided for all defendants/respondents in ASection A.
Parties@ of complaint, petition or habeas application
other: Plaintiffs do not name any Defendants.
Plaintiffs are reminded that when completing the Complaint form, they must state
the basis for the Court’s subject matter jurisdiction over each asserted claim. See 28
U.S.C. §§ 1331, 1332. With regard to Plaintiff Morris II’s request, in conjunction with
claim two, that the Court order his receipt of an inheritance from his father’s estate, the
Court observes that Mr. Morris Sr.’s will is being probated in a Louisiana state court.
(ECF No. 1 at 6). The probate exception to federal jurisdiction “reserves to state
probate courts the probate or annulment of a will and the administration of a decedent's
estate; it also precludes federal courts from endeavoring to dispose of property that is in
the custody of a state probate court.” Marshall v. Marshall, 547 U.S. 293, 311-312
(2006). Therefore, in the Complaint, Plaintiffs must allege facts to show that their
second claim for relief pertains to a matter “outside those confines and otherwise within
federal jurisdiction.” Id. at 312. Accordingly, it is
ORDERED that Plaintiff, Cleophus Morris II, file, within thirty (30) days from
the date of this order, an Application to Proceed in District Court without Prepaying
Fees or Costs on the court-approved form, or pay the $400.00 filing fee. It is
FURTHER ORDERED that the Plaintiffs file, within thirty (30) days from the
date of this order, a Complaint on the court-approved Complaint form in which they
assert a basis for federal jurisdiction over each asserted claim for relief. It is
FURTHER ORDERED that Plaintiffs shall obtain copies of the court-approved
forms for filing a Complaint and an Application to Proceed in District Court without
Prepaying Fees or Costs at www.cod.uscourts.gov. Alternatively, Plaintiffs may obtain
copies of the court-approved forms in person from the Clerk of the Court at 90119th
Street, Denver, Colorado. It is
FURTHER ORDERED that, if Plaintiffs fail to cure the deficiencies noted above,
or fail to state a proper federal jurisdictional basis over the claims asserted in the
Complaint, the action may be dismissed without further notice.
DATED February 9, 2016, at Denver, Colorado.
BY THE COURT:
s:/ Gordon P. Gallagher
United States Magistrate Judge
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