Schmidt v. Raemisch et al

Filing 3

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCY by Magistrate Judge Gordon P. Gallagher on 3/29/16. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 16-cv-639-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.)
ERNEST M. SCHMIDT,
Plaintiff,
v.
RICK RAEMISCH, C.D.O.C. Exec. Dir.,
JAMES FAULK, Warden, and
ERIC HOFFMAN, Lieutenant,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCY

Plaintiff, Ernest M. Schmidt, is in the custody of the Colorado Department of
Corrections, currently incarcerated at the Sterling Correctional Facility. On March 17,
2016, 2016, he submitted pro se a Prisoner Complaint. (ECF No. 1)
As part of the court’s review pursuant to D.C.COLO.LCivR 8.1(b), the court has
determined that the document is deficient as described in this order. Plaintiff will be
directed to cure the following if he wishes to pursue any claims in this action. 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 missing affidavit
(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

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

is missing required financial information
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: 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
(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 Prisoner’s
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 (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 that form to cure the
deficiency. 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.

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DATED March 29, 2016, at Denver, Colorado.
BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge

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