Lucero v. New Mexico Department of Corrections et al

Filing 4

ORDER to Cure Defects by 11/17/2017 by Magistrate Judge Carmen E. Garza. (atc)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO PATRICIO LUCERO, Plaintiff, v. No. CV 17-1043 RB/CG NEW MEXICO DEPARTMENT OF CORRECTIONS, et al, Defendants. ORDER TO CURE DEFICIENCY THIS MATTER is before the Court upon Plaintiff’s civil rights complaint. The Court has determined that Plaintiff’s filing is deficient as described in this order. Plaintiff is directed to cure the following if he wishes to pursue his claims: I. Filing Fee: X filing fee has not been received ($400 civil/administrative) II. Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915: (1) X is not filed (2) is missing affidavit (3) is missing certified copy of prisoner's inmate account statement for the 6-month period immediately preceding this filing (4) is missing required financial information (5) is missing an original signature by the prisoner (6) is not on proper form (must use current form) (7) names in caption do not match names in caption of complaint, petition or habeas application (8) other III. Complaint, Petition or Application: (1) (2) (3) (4) X is missing is not on proper form (must use our form Rev. 5/96) is missing an original signature by the prisoner is missing page nos. (5) other Papers filed in response to this order must include the civil action number (CIV 17-1043 RB/CG) of this case. Failure to cure the designated deficiencies by November 17, 2017 may result in dismissal of this action without further notice. IT IS THEREFORE ORDERED that Plaintiff cure the deficiencies designated above by November 17, 2017; IT IS FURTHER ORDERED that the Clerk is directed to mail to Plaintiff, together with a copy of this order, the following forms: 2 copies each of an Application to Proceed in District Court Without Prepaying Fees or Costs, Financial Certificate, and a form § 1983 Prisoner Civil Rights Complaint. THE HONORABLE CARMEN E. GARZA UNITED STATES MAGISTRATE JUDGE 2

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