Stauter v. No Named Defendants

Filing 4

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCY by Magistrate Judge Gordon P. Gallagher on 2/19/16. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 16-cv-00393-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.)
DIAN LOU STAUTER,
Plaintiff,
v.
STATE OF COLORADO, et al.,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCY

Plaintiff has filed pro se a document titled “Affidavit of Obligation Commercial Lien”
(ECF No. 1) and an Application to Proceed in District Court Without Prepaying Fees or
Costs (Long Form) (ECF No. 3). As part of the court’s review pursuant to
D.C.COLO.LCivR 8.1(a), the court has determined that the documents are deficient as
described in this order. Plaintiff will be directed to cure the following if she wishes to
pursue her claims in this action. Plaintiff is advised that, to the extent she may be
asserting claims on behalf of her son as his next friend, she may not do so unless she is
represented by counsel. See Meeker v. Kercher, 782 F.2d 153, 154 (10th Cir. 1986) (per
curiam). 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)
is not submitted
(2)
is missing affidavit
(3)
is missing certified copy of prisoner’s trust fund statement for the 6-month

(4)
(5)
(6)
(7)
(8)
(9)
(10)

period immediately preceding this filing
is missing certificate showing current balance in prison account
is missing required financial information
is missing authorization to calculate and disburse filing fee payments
is missing an original signature
is not on proper form
names in caption do not match names in caption of complaint, petition or
habeas application
other:
.

Complaint, Petition or Application:
(11) xx
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 “Section A.
Parties” of complaint, petition or habeas application
(18)
other:
.
Accordingly, it is
ORDERED that Plaintiff cure the deficiency 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 Plaintiff shall obtain the court-approved Complaint
form, along with the applicable instructions, at www.cod.uscourts.gov. It is
FURTHER ORDERED that, if Plaintiff fails 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 February 19, 2016, at Denver, Colorado.
BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge
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