Opinion
Civil Action No. 11 -cv-02012-BNB
08-09-2011
BILL LASH, Plaintiff, v. JAMES CASIAS, Las Animas County Sheriff Department, REYNALDO F. SANTISTEVAN, Las Animas County Sheriff Department, DEREK NAVARETTE, Las Animas County Sheriff Department, ERCOLE D'EROLE III, Las Animas County Sheriff Department, and MANUEL NAVARETTE, Las Animas County Sheriff Department, 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 has submitted a Complaint and a Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915. As part of the court's review pursuant to D.C.COLO.LCivR 8.1, 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.
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915:
(1) ___ 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) × other: Motion is necessary only if $350.00 filing fee is not paid in advance.
Complaint or Petition:
(10) ___ is not submitted
(11) ___ 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 form, 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 August 9, 2011, at Denver, Colorado.
BY THE COURT:
Boyd N. Boland
United States Magistrate Judge
CERTIFICATE OF MAILING
Civil Action No. 11-cv-02012-BNB
Bill Lash
PO Box 38
Hoehne, CO 81046
I hereby certify that I have mailed a copy of the ORDER to the above-named individuals on August 9, 2011.
GREGORY C. LANGHAM, CLERK
Deputy Clerk