Faircloth et al v. Colorado Department of Corrections et al

Filing 10

ORDER DIRECTING PLAINTIFFS TO CURE DEFICIENCIES by Magistrate Judge Gordon P. Gallagher on 3/2/16. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 16-cv-00513-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.)

JAMES FAIRCLOTH, Individually and on behalf of Those Similarly Situated,
EDDIE HIMES, Individually and on behalf of Those Similarly Situated,
CHARLES CAMPBELL, Individually and on behalf of Those Similarly Situated,
MARK BRESQKO, Individually and on behalf of Those Similarly Situated,
FELIZ LUJAN, Individually and on behalf of Those Similarly Situated, and
MARK ATKERSON, Individually and on behalf of Those Similarly Situated,

Plaintiffs,
v.
COLORADO DEPT. OF CORRECTIONS,
RICK RAEMISCH, Individually and on Behalf of Those Similarly Situated,
ROGER WERHOLTZ, Individually and on Behalf of Those Similarly Situated,
TONY CAROCHI, Individually and on Behalf of Those Similarly Situated,
ARISTEDES ZAVARAS, Individually and on Behalf of Those Similarly Situated,
JOE ORTIZ, Individually and on Behalf of Those Similarly Situated,
JOHN SUTHERS, Individually and on Behalf of Those Similarly Situated,
STATE OF COLORADO,
GOVERNOR OF COLORADO, John Hickenlooper, Official and Individual Capacity,
CDOC DIRECTOR OF CLINICAL SERVICES, Official and Individual Capacity,
CDOC CLINICAL SERVICES MANAGEMENT, Official and Individual Capacity,
CDOC OFFICE OF LEGAL SERVICES, [AIC], J. RUSSELL, Official and Individual
Capacity,
CTCF H.S.A., Brian Hoffman, Official and Individual Capacity,
DR. M. WIENPAHL, Official and Individual Capacity, and
DR. BOYD, Official and Individual Capacity,
Defendants.

ORDER DIRECTING PLAINTIFFS TO CURE DEFICIENCIES
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On March 1, 2016, Plaintiffs submitted a Prisoner Complaint, a Prisoner=s Motion
and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. ' 1915, a AMotion for
Appointment of Counsel for Certified Class of Plaintiff(s),@ ECF No. 4, a ANotice and
Certification of Constitutional Challenge to a Statute-Notice, Certification, and
Intervention,@ ECF No. 5, a AMotion for Court Order granting Certified Class of
Plaintiff(s),@ ECF No. 6, a AMemorandum in Support of Class Certification Entitled
Motion for Court Order Granting Certified Class of Plaintiff(s),@ ECF No. 7, a
AMemorandum of Law in Support of Plaintiffs= Issues Under the Americans with
Disabilities Act and Rehabilitation Act of 1973 that are Likely to Arise on Summary
Judgment or at Trial in Support of Prisoner(s) Request for Preliminary and/or Permanent
Injunction, A ECF No. 8, and a APrisoner(s) Application for T.R.O. & Preliminary Injunction
Declaratory Injunctive Relief with Primary Incorporated Brief,@ ECF No. 9.
As part of the Court=s review pursuant to D.C.COLO.LCivR 8.1, the Court has
determined that the documents are deficient as described in this Order. Plaintiffs will be
directed to cure the following if they wish to pursue any claims in this Court in this action.
Any papers that Plaintiffs file in response to this Order must include the civil action
number on this Order.
28 U.S.C. ' 1915 Motion and Affidavit:
(1) X

(2)
(3) X

(4)
(5)

is not submitted (Each plaintiff must submit their own ' 1915 Motion and
Affidavit; Plaintiffs Eddie Himes, Charles Campbell, Mark Bresqko, Felix
Lujan, and Mark Atkerson must file their own ' 1915 motions)
is missing affidavit
Plaintiffs Eddie Himes, Charles Campbell, Mark Bresqko, Felix Lujan, and
Mark Atkerson have not submitted a prisoner trust fund statement that
covers the full 6-month period immediately preceding the date of this
filing
is missing certificate showing current balance in prison account
is missing required financial information
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(6)
(7)
(8)
(9)

X

(10)

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:

Complaint, Petition or Application:
(11)
(12) X
(13) X
(14)
(15)
(16)
(17)
(18)

X

is not submitted
is not on proper form (Must use a Court-approved form used in filing
prisoner complaints)
is missing an original signature by Plaintiff Charles Campbell
is missing page nos.
uses et al. instead of listing all parties in caption
names in caption do not match names in text
addresses must be provided for all defendants/respondents in ASection A.
Parties@ of complaint, petition or habeas application
other: Pursuant to the Court=s Information and Instructions for Filing a
Prisoner Complaint, found on the Court=s website, a complaint, including
the form and additional pages used to complete the form, may not exceed
thirty pages.

Accordingly, it is
ORDERED that Plaintiffs cure the deficiencies designated above within thirty
days from the date of this Order. Any papers that Plaintiffs file in response to this
Order must include the civil action number on this Order. It is
FURTHER ORDERED that Plaintiffs shall obtain a Prisoner Complaint form and
Plaintiffs Eddie Himes, Charles Campbell, Mark Bresqko, Felix Lujan, and Mark Atkerson
shall obtain a Prisoner=s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C.
' 1915 form, (with the assistance of their case manager or the facility=s legal assistant),
along with the applicable instructions, at www.cod.uscourts.gov. A Court-approved form
must be used to cure deficiencies. It is

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FURTHER ORDERED that, if Plaintiffs fail to cure the designated deficiencies
within thirty days from the date of this Order, the action will be dismissed without
further notice.
DATED March 2, 2016, at Denver, Colorado.
BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge

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