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Frazier v. Flores

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Apr 8, 2013
Civil Action No. 13-cv-00891-BNB (D. Colo. Apr. 8, 2013)

Opinion

Civil Action No. 13-cv-00891-BNB

04-08-2013

KEITH FRAZIER, Plaintiff, v. P. FLORES, 2 Unit Manager, CCCF, P. PACHECO, Chief of Unit Management, CCCF, C. AMATO, Correctional Officer, CCCF, P. CORONA, Correctional Officer, CCCF, A. HARRIS, Correctional Officer, CCCF, SMELSER, Warden, CCCF, R. SELMAN, Assistant Warden, CCCF, and A. DeCESARO, Step 3 Grievance Officer, CDOC, 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 DEFICIENCY

Plaintiff, a Colorado state prisoner, has submitted to the court a Prisoner Complaint, a Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915, and a letter to the court regarding photocopies. As part of the court's review pursuant to D.C.COLO.LCivR 8.2, the court has determined that the documents are deficient as described in this order. Plaintiff will be directed to cure the following if he wishes to pursue any claims in this court in this action. Any papers that 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) ___ 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) xx is missing authorization to calculate and disburse filing fee payments
(7) ___ is missing an original signature by the prisoner
(8) ___ is not on proper form (must use the court's current form)
(9) ___ names in caption do not match names in caption of complaint, petition or habeas application
(10) ___ other: __________
Complaint, Petition or Application:
(11) ___ is not submitted
(12) ___ is not on proper 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) ___ names in caption do not match names in text
(17) ___ addresses must be provided for all defendants/respondents in "Section A. Parties" of complaint, petition or habeas application
(18) ___ other: __________
Accordingly, it is

ORDERED that Plaintiff cure the deficiency designated above within thirty (30) 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 the court-approved Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 form (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 Plaintiff fails to cure the designated deficiency 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 April 8, 2013, at Denver, Colorado.

BY THE COURT:

Boyd N. Boland

United States Magistrate Judge


Summaries of

Frazier v. Flores

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Apr 8, 2013
Civil Action No. 13-cv-00891-BNB (D. Colo. Apr. 8, 2013)
Case details for

Frazier v. Flores

Case Details

Full title:KEITH FRAZIER, Plaintiff, v. P. FLORES, 2 Unit Manager, CCCF, P. PACHECO…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Apr 8, 2013

Citations

Civil Action No. 13-cv-00891-BNB (D. Colo. Apr. 8, 2013)