Martinez v. Martinez
ORDER DIRECTING PETITIONER TO CURE DEFICIENCIES, by Magistrate Judge Gordon P. Gallagher on 4/18/2016. (agarc, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 16-cv-00861-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.)
ORDER DIRECTING PETITIONER TO CURE DEFICIENCIES
Petitioner has filed pro se Petitioner’s Verified Motion for Publication of Summons
by Consolidated Notice (ECF No. 1), a Motion to File Without Payment of Filing Fee (ECF
No. 3), an Affidavit of Abandonment (ECF No. 4), Petitioner’s Pretrial Statement (ECF No.
5), a Sworn Financial Statement (ECF No. 6), a Certificate of Compliance with Mandatory
Financial Disclosures (ECF No. 7), a Parenting Plan (ECF No. 8), a Petition for Allocation
of Parental Responsibilities (ECF No. 9), a Certificate of Service (ECF No. 10), and a
cover letter (ECF No. 11). It is not clear whether Petitioner intended to file this action in
state district court or in federal district court because Petitioner has used a number of
state court forms. Furthermore, it appears that Petitioner’s claims seeking parental
rights for two minor children under Colorado state law properly are asserted in a state
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. Petitioner will be
directed to cure the following if she wishes to pursue her claims in federal court in this
action. If Petitioner does not intend to pursue her claims in this federal court action, she
should advise the court of that fact and the instant action will be dismissed without
prejudice. Any papers that Petitioner files in response to this order must include the civil
action number on this order.
28 U.S.C. § 1915 Motion and Affidavit:
is not submitted
is missing affidavit
is missing certified copy of prisoner’s trust fund statement for the 6-month
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
Complaint, Petition or Application:
is not submitted
is not on proper form
is missing an original signature by the prisoner
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 “Section A.
Parties” of complaint, petition or habeas application
Accordingly, it is
ORDERED that Petitioner cure the deficiencies designated above within thirty
(30) days from the date of this order. Any papers that Petitioner files in response to
this order must include the civil action number on this order. It is
FURTHER ORDERED that Petitioner shall obtain the court-approved Application
to Proceed in District Court Without Prepaying Fees or Costs (Long Form) and Complaint
forms, along with the applicable instructions, at www.cod.uscourts.gov. It is
FURTHER ORDERED that, if Petitioner 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 April 18, 2016, at Denver, Colorado.
BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge
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