Opinion
Civil Action No. 11-cv-02158-BNB
08-25-2011
SANDY BELLAVIA, Plaintiff, v. WAL-MART STORES, INC., a Delaware Corporation, Defendant.
(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 PLAINTIFF TO CURE DEFICIENCIES
Plaintiff has submitted a Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 and a Title VII Complaint. As part of the court's review pursuant to D.C.COLO.LCivR 8.1, the court has determined that the submitted documents are deficient as described in this order. Plaintiff will be directed to cure the following if she wishes to pursue her claims. Any papers which the Plaintiff files in response to this order must include the civil action number on this order.
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915:
(1) _ is not submitted
(2) X is not on proper form (must use the court's current form): Plaintiff incorrectly submitted her § 1915 motion on the court's form that is used for prisoners.
(3) _ is missing original signature by Plaintiff
(4) X is missing affidavit
(5) _ affidavit is incomplete
(6) X affidavit is not notarized or is not properly notarized
(7) _ names in caption do not match names in caption of complaint, petition or
application
(8) _ An original and a copy have not been received by the court.
Only an original has been received.
(9) X other: Motion is necessary only if $350.00 filing fee is not paid in advance.
Complaint or Petition:
(10) _ is not submittedAccordingly, it is
(11) _ is not on proper form (must use the court's current form)
(12) _ is missing an original signature by the Plaintiff
(13) _ is incomplete
(14) _ uses et al. instead of listing all parties in caption
(15) _ An original and a copy have not been received by the court. Only an original has been received.
(16) _ Sufficient copies to serve each defendant/respondent have not been received by the court.
(17) _ names in caption do not match names in text
(18) _ other_________________________
ORDERED that the Plaintiff cure the deficiencies designated above within thirty (30) days from the date of this order. Any papers which the Plaintiff files in response to this order must include the civil action number on this order. It is
FURTHER ORDERED that the Plaintiff shall obtain the court-approved Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 form, along with the applicable instructions, at www.cod.uscourts.gov. It is
FURTHER ORDERED that, if the Plaintiff fails to cure the designated deficiencies within thirty (30) days from the date of this order, the complaint and the action will be dismissed without further notice. The dismissal shall be without prejudice.
DATED August 25, 2011, at Denver, Colorado.
BY THE COURT:
Boyd N. Boland
United States Magistrate Judge
CERTIFICATE OF MAILING
Civil Action No. 11-cv-02158-BNB
Sandy Bellavia
9608 Deerhorn Crt #81
Parker, CO 80134
I hereby certify that I have mailed a copy of the ORDER to the above-named individuals on August 25, 2011.
GREGORY C. LANGHAM, CLERK
______________
Deputy Clerk