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Hipps v. Fed. Bureau of Prisons

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Mar 11, 2013
Civil Action No. 13-cv-00604-BNB (D. Colo. Mar. 11, 2013)

Opinion

Civil Action No. 13-cv-00604-BNB

03-11-2013

CHARLES HIPPS, ANTOINE BRUCE, MICHAEL BACOTE, JEREMY PINSON, and MIKEAL STINE, Plaintiffs, v. FEDERAL BUREAU OF PRISONS, P. KLEIN, S. KUTA, and D. BERKEBILE, 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 PLAINTIFFS TO CURE DEFICIENCIES

On March 7, 2013, Plaintiffs submitted a Prisoner Complaint. 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. Plaintiffs will be directed to cure the following if they wish to pursue any claims in this Court in this action. Any papers that Plaintiffs file in response to this Order must include the civil action number on this Order.

Furthermore, Mr. Stine will be dismissed from this action because he has not complied with the requirements of his filing restrictions under Stine v. Lappin, et al., No. 07-cv-01839-WYD-KLM, Doc. No. 344 at 30-32 (D. Colo. Sept. 1, 2009).

28 U.S.C. § 1915 Motion and Affidavit:

(1) X is not submitted (Each plaintiff must submit their own § 1915 Motion and Affidavit)
(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 for each Plaintiff
(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
(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) X other: Plaintiffs have failed to properly complete Section "E. Previous Lawsuits of the Complaint form. Each Plaintiff must provide the requested previous case information.
Accordingly, it is

ORDERED that Plaintiffs cure the deficiencies designated above within thirty days from the date of this Order. Any papers that Plaintiffs file in response to this Order must include the civil action number on this Order. It is

FURTHER ORDERED that Plaintiffs shall obtain the Prisoner Complaint form and the Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 form (revised 10/1/12) (with the assistance of their case manager or the facility's legal assistant), along with the applicable instructions, at www.cod.uscourts.gov. It is

FURTHER ORDERED that if Plaintiffs fail 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 Plaintiff Mikeal Stine is dismissed from this action.

DATED March 11, 2013, at Denver, Colorado.

BY THE COURT:

____________________

LEWIS T. BABCOCK, Senior Judge

United States District Court


Summaries of

Hipps v. Fed. Bureau of Prisons

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Mar 11, 2013
Civil Action No. 13-cv-00604-BNB (D. Colo. Mar. 11, 2013)
Case details for

Hipps v. Fed. Bureau of Prisons

Case Details

Full title:CHARLES HIPPS, ANTOINE BRUCE, MICHAEL BACOTE, JEREMY PINSON, and MIKEAL…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Mar 11, 2013

Citations

Civil Action No. 13-cv-00604-BNB (D. Colo. Mar. 11, 2013)