Opinion
No. CA 3:04-CV-1462-D.
October 28, 2004
NOTICE OF DEFICIENCY AND ORDER
Upon review of the papers and pleadings filed in the above styled and numbered cause, the following deficiencies appear:
( X) Complaint is not in compliance with Federal Rule of Civil Procedure 8(a).
() Signature of the attorney of record or each party proceeding pro se is required on each pleading, motion or other paper filed by that party. (See Federal Rule of Civil Procedure 11). Plaintiff(s) must submit a new and properly signed: () complaint. () request to proceed in forma pauperis.
() A filing fee has not been paid nor has a request to proceed in forma pauperis been submitted.
( X) The submitted request to proceed in forma pauperis provides insufficient information to determine whether in forma pauperis status is appropriate. (District Court's request form — Question(s) No. ___). Certified statement of inmate trust account from place of current confinement with six-month history of balance required. You may obtain this from the law library of your place of current confinement.
The Clerk of the Court shall take the following indicated action:
( X) A true copy of this order shall be mailed to each plaintiff or plaintiff's attorney of record. No further process shall issue except upon further order of the Court.
() A form application to proceed in forma pauperis shall be mailed to each plaintiff.
( X) A copy of this Court's form for filing a complaint under 42 U.S.C. § 1983, shall be mailed to each plaintiff.
It is hereby ORDERED that plaintiff(s) shall cure each aforementioned deficiency within twenty (20) days of the date of this order. Failure to comply with this order will result in a recommendation that the complaint be dismissed for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b).