Opinion
Civil Action No. 13-cv-00541-BNB
03-04-2013
SOLOMON BOWENS, Plaintiff, v. STERLING CORRECTIONAL FACILITY, THE WARDEN, in his individual capacity, Sterling Correctional Facility, 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 DEFICIENCIES
Plaintiff, Solomon Bowens, currently is incarcerated at the Denver Van Cise-Simonet Detention Center. Plaintiff, acting pro se, initiated this action on March 1, 2013, by filing a Prisoner Complaint (ECF No. 1) and a Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 (ECF No. 3).
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 he wishes to pursue his claims. Any papers that Plaintiff files in response to this order must include the civil action number noted above in the caption of this order.
28 U.S.C. § 1915 Motion and Affidavit:
(1) ___ is not submitted (must use the court's current form revised 10/01/12 with Authorization and Certificate of Prison Official) (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 (8) X 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: § 1915 motion and affidavit and certified trust fund statement only necessary if $350.00 filing fee is not paid in advance.
Complaint, Petition or Application:
(11) ___ is not submitted (12) X 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 Plaintiff cure the deficiencies designated above within thirty days from the date of this order. Any papers that Plaintiff files in response to this order must include the civil action number on this order. It is
FURTHER ORDERED that Plaintiff shall obtain the Court-approved form used in filing a Prisoner Complaint (with the assistance of his case manager or the facility's legal assistant), along with the applicable instructions, at www.cod.uscourts.gov. It is
FURTHER ORDERED that if Plaintiff fails to cure the designated deficiencies within thirty days from the date of this order the action will be dismissed without further notice.
DATED: March 4, 2013, at Denver, Colorado.
BY THE COURT:
Boyd N. Boland
United States Magistrate Judge