Key v. DiSalvo et al

Filing 8

SECOND ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES by Magistrate Judge Gordon P. Gallagher on 4/26/16. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 16-cv-00863-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.)
JEFFREY A. KEY,
Plaintiff,
v.
PITKIN COUNTY JAIL,
DON BIRD, ADMINISTRATOR, and
JOE DiSALVO, SHERIFF,
Defendants.

SECOND ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Plaintiff Jeffrey A. Key is detained in the Pitkin County Detention Center in Aspen,
Colorado. On April 15, 2016, Plaintiff filed pro se a Complaint and an Application to
Proceed in District Court without Prepaying Fees or Costs. (ECF Nos. 1, 3). As part of
the Court’s review pursuant to D.C.COLO.LCivR 8.1(b), the Court determined that the
documents were deficient, namely, they were missing a certified copy of Plaintiff’s inmate
trust fund statement for the 6-month period immediately preceding this matter as well as
the authorization to calculate and disburse filing fee payments. (ECF No. 5). Plaintiff
attempted to cure these deficiencies on April 25, 2016. (ECF Nos. 6, 7). Plaintiff and a
representative of the Pitkin County Jail certified that the provided inmate trust fund
statement was for the past eleven months, but the entries on the provided statement are
dated May 21, 2015 through December 12, 2015. (ECF No. 6 at 5). There are no
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entries for January through April 2016, which are within the six-month period immediately
preceding this matter. (See id.). In light of Plaintiff’s attempt to cure deficiencies, the
Court will allow another opportunity to provide the correct documentation. Plaintiff is
directed to cure the following if he wishes to pursue the claims in this action. Any papers
that Plaintiff files in response to this order must be labeled with the civil action number
identified on this order.
28 U.S.C. § 1915 Motion and Affidavit:
(1)
is not submitted
(2)
is missing affidavit
(3) xx
is missing certified copy of prisoner’s trust fund statement for the 6-month
period immediately preceding this filing (account statement must be
certified by the warden or other appropriate officer of the institution in which
you are confined)
(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)
is not on proper form
(9)
names in caption do not match names in caption of complaint, petition or
habeas application
(10) xx
other: motion and supporting documents are necessary only if filing and
administrative fees totaling $400.00 are not paid in advance.
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 be labeled with the civil action number identified on this order. It is
FURTHER ORDERED that Plaintiff may obtain the court-approved Prisoner’s
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 form (with the
assistance of his case manager or the facility’s legal assistant) at www.cod.uscourts.gov.
It is
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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 April 26, 2016, at Denver, Colorado.
BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge

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