Opinion
Civil Action No. 11-cv-02424-BNB
09-20-2011
SHELDON JOSEPH, Plaintiff, v. THE PEOPLE OF THE STATE OF COLORADO, DUKE SHIRARD, La Plata County Sheriff, SHERIFF DEPUTIES, La Plata County Jail, TODD RISEBERG #24763, District Attorney's Office, JUSTIN FAY #37399, District Attorney's Office, LA PLATA COUNTY SIXTH JUDICIAL DISTRICT, DAVID L. DICKINSON, District Court Judge, LA PLATA COUNTY DISTRICT COURT, JERRY LITTLE, Pre-Trial Services, ALTERNATIVE TO INCARCERATION, HILLTOP HOUSE SOUTHWESTERN COMMUNITY CORRECTIONS CENTER, and ANY AND ALL OTHER KNOWN AND UNKNOWN PARTIES IN THE MATTER OF CASE NO. 10CR553, 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 document titled "Qui Tarn Action Complaint and Information." As part of the court's review pursuant to D.C.COLO.LCivR 8.1, the court has determined that the submitted document is 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.
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915:
(1) X is not submitted
(2) __ is not on proper form (must use the court's current form)
(3) __ is missing original signature by Plaintiff
(4) __ is missing affidavit
(5) __ affidavit is incomplete
(6) __ affidavit is not notarized or is not properly notarized
(7) __ names in caption do not match names in caption of complaint, petition or application
(8) __ An original and a copy have not been received by the court. Only an original has been received.
(9) X other: Motion is necessary only if $350.00 filing fee is not paid in advance.
Complaint or Petition:
(10) __ is not submitted
(11) X is not on proper form (must use the court's current form)
(12) __ is missing an original signature by the Plaintiff
(13) __ is incomplete
(14) __ uses et al. instead of listing all parties in caption
(15) __ An original and a copy have not been received by the court. Only an original has been received.
(16) __ Sufficient copies to serve each defendant/respondent have not been received by the court.
(17) __ names in caption do not match names in text
(18) __ other_________________ Accordingly, it is
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 Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 and Complaint forms, 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 action will be dismissed without further notice. The dismissal shall be without prejudice.
DATED September 20, 2011, at Denver, Colorado.
BY THE COURT:
Bovd N. Boland
United States Magistrate Judge?
CERTIFICATE OF MAILING
Sheldon Joseph
6698 County Rd 203
Durango, CO 81301
I hereby certify that I have mailed a copy of the ORDER to the above-named individuals on September 20, 2011.
GREGORY C. LANGHAM, CLERK
By:________
Deputy Clerk