Opinion
Civil Action No. 06-CV-00391-BNB.
March 3, 2006
ORDER DIRECTING CLERK TO COMMENCE CIVIL ACTION AND DIRECTING PLAINTIFF TO CURE DEFICIENCY
Plaintiff has submitted a Complaint. The court has determined that the document is deficient as described in this order. He has failed either to pay the $250.00 filing fee or to file a Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915. Notwithstanding the deficiencies, the clerk of the court will be directed to commence a civil action. Plaintiff will be directed to cure the following if he wishes to pursue his 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: X X motion is necessary only if filing fee is not paid in advance. Complaint, Petition or Application: X
(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 required financial information (5) ___ is missing an original signature by the prisoner (6) ___ is not on proper form (must use the court's current form) (7) ___ names in caption do not match names in caption of complaint, petition or habeas application (8) ___ An original and a copy have not been received by the court. Only an original has been received. (9) other: (10) ___ is not submitted (11) is not on proper form (must use the court's current form) (12) ___ is missing an original signature by the prisoner (13) ___ is missing page nos. ___ (14) ___ uses et al, instead of listing all parties in caption (15) ___ An original and a copy have not been received by the court. Only an original has been received. (16) ___ Sufficient copies to serve each defendant/respondent have not been received by the court. (17) ___ names in caption do not match names in text (18) ___ other ________________________ Accordingly, it isORDERED that the clerk of the court commence a civil action in this matter. It is FURTHER 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 the clerk of the court mail to the Plaintiff, together with a copy of this order, two copies of the following forms: Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 and a Prisoner Complaint. 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.