Opinion
Civil Action No. 12-cv-00250-BNB
02-07-2012
PAUL W. DRIGGER, Plaintiff, v. THE HONORABLE BENJAMIN SIMPSON, Individually and in His Official Capacity as Magistrate in the Court of Kootenai County, Idaho, THE HONORABLE CLARK PETERSON, Individually and in His Official Capacity as Magistrate in the Court of Kottenai County, Idaho, ALL OTHER DISTRICT AND MAGISTRATE COURT JUDGES OF KOTTENAI COUNTY, IDAHO, LAUREN HAYDEN, Individually and in Her Official Capacity as Attorney at Law, and KAREN VASSALLO, 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 has submitted a document titled "Complaint for Injunctive and Declaratory Relief," an Application to Proceed in Forma Pauperis, a Letter and an "Ex Parte Memorandum of Points and Authorities in Support of Plaintiff's Choice of Venue." 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 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) ___ is not submitted
(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: (Account statement submitted does not cover 6-month period immediately preceding this filing and is not certified by an appropriate official of Plaintiff's penal institution.)
(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) x 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) x other: Motion is necessary only if $350.00 filing fee is not paid in advance.
Complaint, Petition or Application:
(10) ___ is not submitted
(11) x 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) ___ names in caption do not match names in text
(16) ___ addresses must be provided for all defendants/respondents in "Section A. Parties" of complaint, petition or habeas application
(17) ___ 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.
BY THE COURT:
Boyd N. Boland
United States Magistrate Judge