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Myers v. Bureau of Prisons Mailroom Staff

United States District Court, Tenth Circuit

January 6, 2014

DAVID J. MYERS, Plaintiff,
v.
UNKNOWN UNIDENTIFIED MAILROOM PERSONNEL OF THE BUREAU OF PRISONS MAILROOM STAFF AT FCI-ENGLEWOOD, (individual capacities), MR. K. MORGAN, (individual capacity) (first name unknown to Plaintiff), MRS. R. HUFNAGLE, (individual capacity) (first name unknown to Plaintiff), MR. RENE GARCIA, (individual capacity), MR. PAUL LAIRD, (individual capacity), and MR. HARRELL WATTS, (individual capacity), Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

BOYD N. BOLAND, Magistrate Judge.

Plaintiff, a federal prisoner in Colorado, has submitted to the court a complaint (ECF No. 1), an Application to Proceed in District Court Without Prepaying Fees or Costs (Short Form) (ECF No. 3), and a Motion for Appointment of Counsel (ECF No. 4). As part of the court's review pursuant to D.C.COLO.LCivR 8.1(b), the court has determined that the documents are deficient as described in this order. Plaintiff will be directed to cure the following if he wishes to pursue his claims 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) xx 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) xx is missing authorization to calculate and disburse filing fee payments

(7) ___ is missing an original signature by the prisoner

(8) xx 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) xx is not on proper form (must use the court's current 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 and Prisoner Complaint forms (with the assistance of her 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. It is

FURTHER ORDERED that the Motion for Appointment of Counsel (ECF No. 4) is denied as premature.


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