Opinion
Civil Action No. 11-cv-02457-BNB
09-27-2011
ASHANTI BLACK, Plaintiff, v. DR. JAMES THALKEN, DDS, MS. SHARON PHILLIP, NP, DR. WORMER, MR. RODRIGUEZ, COLORADO DEPARTMENT OF CORRECTIONS, et al., COLORADO HEALTH PROVIDERS (CHP), and MS. D. SALDANA, Dental Assistance [sic], 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 PLAINTIFF TO CURE DEFICIENCY
Plaintiff has submitted a Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 and a Prisoner Complaint. As part of the court's review pursuant to D.C.COLO.LCivR 8.2, 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.
28 U.S.C. § 1915 Motion and Affidavit
(1) ____ is not submitted
(2) ____ is missing affidavit
(3) X is 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: Account statement is necessary only if $350.00 filing fee is not paid in advance.
Complaint, Petition or Application:
(11) ____ is not submittedAccordingly, 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 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, 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 September 27, 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-02457-BNB Ashanti Black
Prisoner No. 59106
Fort Lyon Correctional Facility
PO Box 1000
Fort Lyon, CO 81038
I hereby certify that I have mailed a copy of the ORDER to the above-named individuals on September 27, 2011.
GREGORY C. LANGHAM, CLERK
By: __________
Deputy Clerk