Opinion
Civil Action No. 13-cv-00196-BNB
01-28-2013
(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, a Colorado state prisoner, has submitted to the court a "Prisoner Complaint" and a "Prisoner's Motion and Affidavit for Leave to Proceed 'IFP' Pursuant to 28 U.S.C. § 1915." As part of the court's review pursuant to D.C.COLO.LCivR 8.2, the court has determined that the complaint is deficient as described in this order. Plaintiff will be directed to cure the following if he wishes to pursue any claims in this court in this action. Any papers that 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) ________ is missing certified copy of prisoner's trust fund statement for the 6-month period immediately preceding this filing (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 (must use the court's current 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) _______ other: _______ Accordingly, it is
ORDERED that Plaintiff cure the deficiencies designated above within thirty (30) days from the date of this order. Any papers that Plaintiff files in response to this order must include the civil action number on this order. It is
FURTHER ORDERED that Plaintiff shall obtain the court-approved Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 form (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 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 January 28, 2013, at Denver, Colorado.
BY THE COURT:
Boyd N. Boland
United States Magistrate Judge