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Garcia v. District 6 Police Dept.

United States District Court, Tenth Circuit

January 7, 2014

GERALD GARCIA, named as GERALD/GOLDIE GARCIA, Plaintiff,
v.
DISTRICT 6 POLICE DEPT., and CSL MACDONALD, Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES AND FILE AMENDED COMPLAINT THAT COMPLIES WITH RULE 8

BOYD N. BOLAND, Magistrate Judge.

Plaintiff, Gerald Garcia, alleges that he is homeless. He submitted pro se a Complaint (ECF No. 1) that only he signed and a Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 (ECF No. 3). As part of the Court's review pursuant to D.C.COLO.LCivR 8.2, 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. Any papers that Plaintiff files in response to this order must include the civil action number noted above in the caption of this order.

28 U.S.C. § 1915 Motion and Affidavit:

(1) X is not submitted (by Goldie Garcia, if she intends to proceed as a Plaintiff in this action)

(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 an original signature by the prisoner

(7) ___ is not on proper form

(8) X names in caption do not match names in caption of complaint, petition or habeas application (Plaintiff fails to list any parties)

(9) ___ An original and a copy have not been received by the Court. Only an original has been received.

(10) X other: Plaintiff fails to indicate on page one whether he wants the United States Marshals Service to serve process. Plaintiff may pay $400.00 (the $350.00 filing fee plus a $50.00 administrative ...


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