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Toney v. Berkebile

United States District Court, Tenth Circuit

January 24, 2014

JOE M. TONEY, JR. Plaintiff,
v.
WARDEN BERKEBILE, A. W. MS. HALL, A. W. MR. JOHNSON, MS. RANGEL, MR. GRIGGS, MS. SUDLOW, MS. H. REDDEN, MR. CEDENO, SIS LT. M. L. BIER, and MR. HEUETT, Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

BOYD N. BOLAND, Magistrate Judge.

Plaintiff, Joe M. Toney, Jr., is a prisoner in the custody of the Federal Bureau of Prisons who currently is incarcerated at the United States Penitentiary, Administrative Maximum, in Florence, Colorado. He has submitted pro se a Prisoner Complaint (ECF No. 1) and a Prisoner's 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 8.1(b), 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 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) ___ is not submitted

(2) ___ is missing affidavit

(3) X 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) ___ names in caption do not match names in caption of complaint, petition or habeas application

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

(10) X other: § 1915 motion and affidavit and certified account statement only are necessary if $400.00 filing fee is not paid in full in advance.

Complaint, Petition or Application:

(11) ___ is not submitted

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

(17) ___ Sufficient copies to serve each defendant/respondent have not been received by the court.

(18) ___ names in caption do not match names in text

(19) ___ 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, if Plaintiff fails to cure the designated deficiencies within thirty days from the date of this order, the complaint and the action will be dismissed without further notice.


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