Opinion
Civil Action No. 11-cv-03253-BNB
12-15-2011
RONALD FOGLE, and DARLENE FOGLE, Plaintiffs, v. ARCHER THOMAS ELLIOTT, JR., Individual and Official Capacity, 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 PLAINTIFFS TO CURE DEFICIENCY
Plaintiffs have submitted a Prisoner Complaint. Plaintiff, Ronald Fogle, also has submitted a Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915. 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. Plaintiffs will be directed to cure the following if they wishes to pursue their claims. Any papers that the Plaintiffs file 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: each Plaintiff must submit an individual § 1915 motion.
(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 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) ×× other: Motion is necessary only if $350.00 filing fee is not paid in advance.
Complaint, Petition or Application:
(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) ____ 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 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 the Plaintiff, Darlene Fogle, shall obtain the court-approved Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 form, 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 December 15, 2011, at Denver, Colorado.
BY THE COURT:
Boyd N. Boland
United States Magistrate Judge