Opinion
Civil Action No. 12-cv-01927-BNB
07-25-2012
GREGORY L. MAKOWSKI, Plaintiff, v. ENCORE RECEIVABLE MANAGEMENT, INC., a Kansas corporation, Defendant.
(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 pro se "Application to Proceed in District Court without Prepaying Fees or Costs" and a Complaint. 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. The Court notes that the Complaint is signed by Brian William Wallace, who indicates that he is an advocate for the named Plaintiff. There is no indication that Mr. Wallace is a licensed attorney. Therefore, Mr. Wallace may not represent Plaintiff in this action. See 28 U.S.C. § 1654.
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 Complaint and Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 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 complaint and the action will be dismissed without further notice. The dismissal shall be without prejudice.
DATED at Denver, Colorado, this 25th day of July, 2012.
BY THE COURT:
Boyd N. Boland
United States Magistrate Judge