Opinion
No. CV 13-236 JB/LAM
03-13-2013
GUILLERMO RUIZ, Plaintiff, v. STATE OF NEW MEXICO, Defendants.
ORDER TO CURE DEFICIENCY
Plaintiff submitted a civil rights complaint (Doc. 1), on March 7, 2013. The Court has determined that Plaintiff's filing is deficient as described in this order. Plaintiff is directed to cure the following if he wishes to pursue his claims:
I. Filing Fee.
X No filing fee ($350 civil) has been received.
II. Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915:
(1) X is not filed (2) _ is missing affidavit (3) _ is missing certified copy of prisoner's inmate account statement for the 6-month period immediately preceding this filing (4) _ is missing required financial information (5) _ is missing an original signature by the prisoner (6) _ is not on proper form (must use current form) (7) _ names in caption do not match names in caption of complaint, petition or habeas application (8) _ An original and a copy have not been received by the Court. Only an original has been received. (9) _ other ______________________________
III. Complaint, Petition or Application:
(1) _ is missing (2) _ is not on proper form (must use our form Rev. 5/96) (3) _ is missing an original signature by the prisoner (4) _ is missing page nos._ (5) _ uses et al. instead of listing all defendants/respondents (6) _ An original and a copy have not been received by the Court. Only an original has been received. (7) _ Sufficient copies to serve each defendant/respondent have not been received by the Court. (8) _ names in caption do not match names in text (9) _ other _________________________
Papers filed in response to this order must include the civil action number (CV 13-0236 JB/LAM) of this case. Failure to cure the designated deficiencies within thirty (30) days from the date of this order may result in dismissal of this action without further notice.
IT IS THEREFORE ORDERED that Plaintiff cure the deficiencies designated above within thirty (30) days from the date of this order;
IT IS FURTHER ORDERED that the Clerk is directed to mail to Plaintiff, together with a copy of this order, the following forms: 2 copies each of an Application to Proceed Without Prepaying Fees or Costs and Financial Certificate.
IT IS FURTHER ORDERED that, if Plaintiff fails to cure the designated deficiencies within thirty (30) days from the date of this order, this action may be dismissed without prejudice without further notice.
IT IS SO ORDERED.
_________________________
LOURDES A. MARTÍNEZ
UNITED STATES MAGISTRATE JUDGE