Opinion
Civil Action No. 11-cv-02384-BNB
09-16-2011
KEVIN FRANCIS JONES, Plaintiff, v. MARCUS LEHMKUHL, CITY OF COLORADO SPRINGS, COLORADO, COLORADO SPRINGS POLICE DEPARTMENT, RICHARD MYERS, LIONEL RIVERA, R.A. YOHN, AL HARMON, BRET POOLE, EL PASO COUNTY, COLORADO, EL PASO COUNTY SHERIFF'S DEPARTMENT, and ONE TO TEN UNKNOWN DEFENDANTS TO BE IDENTIFIED THROUGH DISCOVERY AND TRIAL, Sued Individually and in Their Official Capacities, 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 has submitted a Complaint and an Application to Proceed in Forma Pauperis, Supporting Documentation and Order. 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. Plaintiff will be directed to cure the following if he wishes to pursue his claims. Any papers which the 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) _X_ is missing certified copy of prisoner's trust fund statement for the 6-month period immediately preceding this filing: (Account statement submitted is not certified by an appropriate official of Plaintiff's penal institution.)
(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) _X_ 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) _X_ other: Motion is necessary only if $350.00 filing fee is not paid in advance.
Complaint, Petition or Application:
(11) _ is not submittedAccordingly, it is
(12) _X_ 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_____________
ORDERED that the Plaintiff cure the deficiencies designated above within thirty (30) days from the date of this order. Any papers which the Plaintiff files in response to this order must include the civil action number on this order. It is
FURTHER ORDERED that the 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 the Plaintiff fails 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 at Denver, Colorado, this 16th day of September, 2011.
BY THE COURT:
Craig B. Shaffer
United States Magistrate Judge
CERTIFICATE OF MAILING
Civil Action No. 11-CV-02384-BNB
Kevin Francis Jones
Reg. No. 36896-013
FCI Sheridan
PO Box 5000
Sheridan, OR 97378
I hereby certify that I have mailed a copy of the ORDER to the above-named individuals on September 16, 2011.
GREGORY C. LANGHAM, CLERK
___________
Deputy Clerk