Opinion
Civil Action No. 12-cv-02370-BNB
09-06-2012
WILLIAM ELLER, Plaintiff, v. STEVE HARTLEY, and DARYL VIGIL, 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, William Eller, is a prisoner in the custody of the Colorado Department of Corrections who currently in incarcerated at the Centennial Correctional Facility in Canon City, Colorado. He has filed pro se a motion titled "Motion: Leave to Proceed a Civil Action § 1983 Complaint Against Multiple Dept. of Corrections Facilitys [sic] in One Civil Action Complaint" (ECF No. 1).
As part of the Court's review pursuant to D.C.COLO.LCivR 8.2, the Court has determined that the submitted document is 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) X 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 (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) _ other:
Complaint, Petition or Application:
(11) X 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 Plaintiff shall obtain (with the assistance of his case manager or the facility's legal assistant) the Court-approved forms used in filing a Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 and a Prisoner Complaint, along with the applicable instructions, at www.cod.uscourts.gov. It is
FURTHER ORDERED that, if Plaintiff fails to cure the designated deficiencies within thirty days from the date of this order, the action will be dismissed without further notice. It is
FURTHER ORDERED that the motion titled "Motion: Leave to Proceed a Civil Action § 1983 Complaint Against Multiple Dept. of Corrections Facilitys [sic] in One Civil Action Complaint" (ECF No. 1) is denied as unnecessary.
DATED September 6, 2012, at Denver, Colorado.
BY THE COURT:
Boyd N. Boland
United States Magistrate Judge