Opinion
Civil Action No. 12-cv-02798-BNB
10-24-2012
MICHAEL ANTHONY DAILEY, Plaintiff, v. SGT. DOIZAKI, # 9537, et al., 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, Michael Anthony Dailey, is in the custody of the Colorado Department of Corrections and currently is incarcerated at the Bent County Correctional Facility in Las Animas, Colorado. He has submitted a Prisoner Complaint and a Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915.
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 (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 (6) ____ is missing an original signature by the prisoner (7) _____ is not on proper form (must use the court's current form for filing prisoner complaints) (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: The account statement covers only a portion of the six-month period immediately preceding the filing of this action. The statement covers only the time from April until July. Plaintiff must provide an additional statement for August through October.
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 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 if Plaintiff fails to cure the designated deficiency within thirty days from the date of this Order the action will be dismissed without further notice.
DATED: October 24, 2012, at Denver, Colorado.
BY THE COURT:
Boyd N. Boland
United States Magistrate Judge