Opinion
Civil Action No. 11-cv-02015-BNB
08-10-2011
DERRICK JOHN ARAGON, and JOHN WILLIAM ZIMMERMAN, Plaintiffs, v. KENNETH D. McCLINTOCK, a.k.a. Secretary of Treasury, or Puerto Rico/United States, TIMOTHY GEITHNER, a.k.a. Secretary of Treasury, or Puerto Rico/United States, and ALIEN PROPERTY CUSTODIAN, Department of Contract Settlements, Defendants.
(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 PLAINTIFFS TO CURE DEFICIENCIES
Plaintiffs have submitted a document titled "Article III Jurisdiction This is an Admiralty or Maritime Claim Within the Meaning of Rule 9(h)." As part of the court's review pursuant to D.C.COLO.LCivR 8.2, the court has determined that the submitted document is deficient as described in this order. Plaintiffs will be directed to cure the following if they wish to pursue their claims. Any papers which the 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 is not submitted: (Each Plaintiff must submit an individual § 1915 motion.)
(2) ____ is missing affidavit
(3) Xis 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
(5 ____ is missing required financial information
(6) ____ is missing an original signature by the prisoner
(7) ____ is not on proper form (must use the court's current form)
(8) ____ names in caption do not match names in caption of complaint, petition or habeas application
(9) ____ An original and a copy have not been received by the court. Only an original has been received.
(10) X other: Motions are necessary only if $350.00 filing fee is not paid in advance.
Complaint, Petition or Application:
(11) X is not submitted: (Complaint must include original signature by each Plaintiff).Accordingly, it is
(12) ____ is not on proper form (must use the court's current 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) ____ An original and a copy have not been received by the court. Only an original has been received.
(17) ____ Sufficient copies to serve each defendant/respondent have not been received by the court.
(18) ____ names in caption do not match names in text
(19) ____ other ____________________
ORDERED that the Plaintiffs cure the deficiencies designated above within thirty (30) days from the date of this order. Any papers which the Plaintiffs file in response to this order must include the civil action number on this order. It is
FURTHER ORDERED that the Plaintiffs shall obtain the court-approved Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 and Prisoner Complaint forms (with the assistance of a case manager or the facility's legal assistant), along with the applicable instructions, at www.cod.uscourts.gov. It is
FURTHER ORDERED that, if the Plaintiffs 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 August 10, 2011, at Denver, Colorado.
BY THE COURT:
Boyd N. Boland
United States Magistrate Judge
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
CERTIFICATE OF MAILING
Civil Action No. 11-cv-02015-BNB Derrick John Aragon
Prisoner No. 137352
Fremont Corr. Facility
P.O. Box 999
Canon City, CO 81215-0999
John William Zimmerman
Prisoner No. 104519
Fremont Correctional Facility
PO Box 999
Canon City, CO 81215
I hereby certify that I have mailed a copy of the ORDER to the above-named individuals on August 10, 2011.
GREGORY C. LANGHAM, CLERK
By: __________
Deputy Clerk