Opinion
Civil Action No. 13-cv-00610-BNB
03-11-2013
DERRICK DARNELL FRAZIER, Plaintiff, v. [NO DEFENDANTS NAMED], 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, an inmate in the Adams County Detention Facility in Brighton, Colorado, has submitted a letter to the court complaining that his due process rights are being violated by jail officials. Although not entirely clear, Plaintiff apparently wishes to seek judicial relief in this court. Therefore, this civil action has been commenced. As part of the court's review pursuant to D.C.COLO.LCivR 8.2, the court has determined that the letter is deficient as described in this order. Plaintiff will be directed to cure the following if he wishes to pursue his claims. If Plaintiff does not intend to pursue a civil action in this court regarding his allegations in the letter, he should advise the court of that fact and the instant action will be dismissed. 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) ×× 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: motion and supporting documents are necessary only if $350.00 filing fee is not paid in advance.
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 deficiencies 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 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 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.
DATED March 11, 2013, at Denver, Colorado.
BY THE COURT:
Boyd N. Boland
United States Magistrate Judge