Opinion
Civil Action No. 11-cv-02338-BNB
09-12-2011
IZILE LEE DANIELS, Plaintiff, v. PEOPLE OF THE STATE OF COLORADO, Defendant.
(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 has submitted a document titled "Petition for Violation of Constitutional Rights Under the 14th, 6th and 5th Amendments." As part of the court's review pursuant to D.CCOLO.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 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:
(1) xx is not submitted
(2) _ is missing affidavit
(3) xx 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)
(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) xx other: Motion is necessary only if $350.00 filing fee is not paid in advance.
Complaint, Petition or Application:
(11) xx 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 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 Plaintiff shall obtain the court-approved Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 and Prisoner Complaint forms (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 the Plaintiff fails to cure the designated deficiencies within thirty (30) days from the date of this order, the action will be dismissed without further notice. The dismissal shall be without prejudice.
DATED September 12, 2011, at Denver, Colorado.
Dated: September 12, 2011
BY THE COURT:
Boyd N. Boland
United States Magistrate Judge
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
CERTIFICATE OF MAILING
Civil Action No. 11-cv-02338-BNB
Izile Lee Daniels
Prisoner No. 136697
Fremont Corr. Facility
P.O. Box 999
Canon City, CO 81215-0999
I hereby certify that I have mailed a copy of the ORDER to the above-named individuals on September 12, 2011.
GREGORY C. LANGHAM, CLERK
By ________________________
Deputy Clerk