Steele v. Boyd et al

Filing 5

SECOND ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES by Magistrate Judge Gordon P. Gallagher on 2/25/16. The Clerk shall mail Plaintiff the Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 form (mailed as ordered). (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 16-cv-326-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.)
JASON D. STEELE,
Plaintiff,
v.
DEPUTY BOYD,
DEPUTY SHARK,
DEPUTY WALSH,
SGT MAURORE,
CAPTAIN SMITH
NURSE NAME UNKNOWN,
Defendants.

SECOND ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Plaintiff, Jason D. Steele, is currently detained at the Denver County Jail. On
February 9, 2016, he submitted pro se a Prisoner Complaint (ECF No. 1) based on
events that occurred while he was detained at the Clear Creek County Jail.
On February 11, 2016, the court reviewed the Complaint pursuant to
D.C.COLO.LCivR 8.1(b) and determined it was deficient. The Court ordered Mr. Steele
to cure the designated deficiencies within thirty days if he wished to pursue his claims in
this action. (ECF No. 3). Specifically, the Court directed Mr. Steele that he must submit
a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 or
else pay the filing fee. Additionally, the Court ordered Plaintiff to submit a Complaint
that included addresses for the defendants.

1

In response to the Court’s Order, Mr. Steele submitted a “Prisoner’s Motion and
Affidavit For Leave to Proceed on Appeal Pursuant to 28 U.S.C. § 1915 and Fed. R.
App. P. 24” and the “Parties” section of a complaint. (ECF No. 4). However, these
submitted documents are still deficient.
The § 1915 Motion Plaintiff submitted is on the wrong form. Mr. Steele used the
court-approved § 1915 Motion form for filing appeals, instead of the court-approved
§ 1915 Motion form associated with filing a Prisoner Complaint. Further, Mr. Steele
cannot submit one page of a complaint in order to cure noted deficiencies; instead, a
complete complaint, with all of the pages, must be submitted. The Court will not piece
together separate pages, filed at different times, in order to compile a complete
complaint. Further, the “Parties” section that was submitted by Plaintiff still did not
include addresses for the Defendants. Therefore, Plaintiff will be directed to cure the
following if he wishes to pursue any claims in this action.
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)
is missing required financial information
(6)
is missing authorization to calculate and disburse filing fee payments
(7)
is missing an original signature by the prisoner
(8) X
is not on proper form
(9)
names in caption do not match names in caption of complaint, petition or
habeas application
(10) X
other: In the alternative, Plaintiff may pay the $400.00 filing fee.
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

2

(16)
(17)

X

(18)

X

names in caption do not match names in text
addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition or habeas application
other: Plaintiff must cure the deficiencies in the complaint and submit a
complete complaint to the court.

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 the Clerk of Court shall mail Plaintiff the courtapproved Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C.
§ 1915, and Plaintiff shall use this form if he wishes to proceed in forma pauperis. It is
FURTHER OREDERED that Plaintiff shall obtain the 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 and use this form to
cure the deficiencies. 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 February 25, 2016, at Denver, Colorado.
BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge

3