Opinion
Civil Action No. 11-CV -02628-BNB
10-24-2011
WORDEN BOURN, CHARLES GREENLEE, and All Others Similarly Situated, Plaintiffs, v. GEO GROUP INC., HUDSON CORRECTIONAL FACILITY, WARDEN JOE DRIVER, ASSOCIATE WARDEN RON MURRAY, STATE OF ALASKA DEPT. OF CORRECTIONS, DEPUTY COMMISSIONER SAM EDWARDS, and Others to be Named, Defendants.
Worden Bourn Prisoner No. 016902 Hudson Correctional Center Charles Greenlee Prisoner No. 3435 Hudson Correctional Center
(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 the following documents: 1) Prisoner Complaint, 2) Request [for] Filings Made Under Seal, 3) Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915, 4) Declaration in Support of Request to Proceed in Forma Pauperis by Plaintiff Charles Greelee, 5) Declaration in Support of Request to Proceed in Forma Pauperis by Plaintiff Worden Bourn, 6) Request for TRO 65(a) Fed. R. Civ. P., 7) a Request [for] Appointment of Counsel, 8) a Request [for] Marshals [to] Serve Defendants, and 9) a Letter. 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. Plaintiffs will be directed to cure the following if they wishes to pursue their claims. Any papers which the Plaintiffs 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: each Plaintiff must submit an individual § 1915 motion.
(2) _ is missing affidavit
(3) _ 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: (a certified copy of Plaintiff Charles Greenlee's prisoner trust fund statement for the 6-month period immediately preceding this filing has not been submitted)
(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) × other: Motion is necessary only if $350.00 filing fee is not paid in advance
Complaint, Petition or Application:
(11) _ is not submitted
(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 ________________
Accordingly, it is
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 each obtain the court-approved Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 forms (with the assistance of his case manager or the facility's legal assistant), along with the applicable instructions, at www.cod.uscourts.aov. It is
FURTHER ORDERED that the Request [for] Appointment of Counsel (Doc. No. 8) is denied as premature. It is
FURTHER ORDERED that the Request [for] Marshals [to] Serve Defendants (Doc. No. 9) is denied as unnecessary. It is
FURTHER ORDERED that, if the Plaintiffs fail 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.
BY THE COURT:
Boyd N. Boland
United States Magistrate Judge
CERTIFICATE OF MAILING
Worden Bourn
Prisoner No. 016902
Hudson Correctional Center
Charles Greenlee
Prisoner No. 3435
Hudson Correctional Center
I hereby certify that I have mailed a copy of the ORDER to the above-named individuals on October 24, 2011.
GREGORY C. LANGHAM, CLERK
By: ____________
Deputy Clerk