Opinion
Civil Action No. 11-cv-01928-BNB
08-02-2011
VICKI DILLARD, and PATRICIA EVANS, Plaintiffs, v. DEPUTY GARY GREGORY, In His Official and Individual Capacity, SERGEANT TOM FRANK, In His Official and Individual Capacity, JOHN DOES DENVER DEPUTY SHERIFFS (4), In Their Official and Individual Capacities, THE DENVER CITY ATTORNEY'S OFFICE, a Municipality, THE CITY AND COUNTY OF DENVER, a Municipality, and THE DENVER SHERIFF'S DEPARTMENT, Municipality. 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 PLAINTIFFS TO CURE DEFICIENCIES
Plaintiffs have submitted a Complaint and an Application to Proceed in District Court Without Prepaying Fees or Costs. As part of the court's review pursuant to D.C.COLO.LCivR 8.1, 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 file in response to this order must include the civil action number on this order.
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915:
(1) ___ is not submitted
(2) X is not on proper form (must use the court's current form): each Plaintiff
must submit an individual § 1915 motion.
(3) X is missing original signature by Plaintiff: Patricia Evans
(4) ___ is missing affidavit
(5) ___ affidavit is incomplete
(6) ___ affidavit is not notarized or is not properly notarized
(7) ___ names in caption do not match names in caption of complaint, petition or application
(8) ___ An original and a copy have not been received by the court. Only an original has been received.
(9) X other: Motions are necessary only if $350.00 filing fee is not paid in advance.
Complaint or Petition:
(10) ___ is not submittedAccordingly, it is
(11) ___ is not on proper form (must use the court's current form)
(12) ___ is missing an original signature by the Plaintiffs
(13) ___ is incomplete
(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 __________________________
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 Plaintiffs shall obtain the court-approved Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 forms, along with the applicable instructions, at www.cod.uscourts.gov. 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.
DATED August 2, 2011, at Denver, Colorado.
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-01928-BNB Vicki Dillard and
Patricia Evans
1933 S. Downing Street
Denver, CO 80201
I hereby certify that I have mailed a copy of the ORDER to the above-named individuals on August 2, 2011.
GREGORY C. LANGHAM, CLERK
By: _____________
Deputy Clerk