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Maunz v. Phillips

United States District Court, D. Colorado

February 27, 2014

WILLIAM A. MAUNZ, Plaintiff,
v.
SHARON PHILLIPS, Nurse Practioner (N.P.), CDOC CORRECTIONAL OFFICERS, San Carlos Correctional Facility, COLORADO DEPT. OF CORRECTIONS, and THE ATTORNEY GENERAL OF THE STATE OF COLORADO, et al., Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

BOYD N. BOLAND, Magistrate Judge.

Plaintiff, an inmate at the San Carlos Correctional Facility in Pueblo, Colorado, has submitted to the court a "Notice (Letter) of Intent for Plaintiff's Prisoner's Complaint Biven's 42 § 1983" (ECF No. 1) claiming that his constitutional rights have been violated. Because it appears that Plaintiff intends to pursue his claims in this court, this civil action has been commenced. As part of the court's review pursuant to D.C.COLO.LCivR 8.1(b), the court has determined that the document is deficient as described in this order. Plaintiff will be directed to cure the following if he wishes to pursue any claims in this action. If Plaintiff does not intend to pursue a civil action in this court regarding his allegations in the notice of intent, he should advise the court of that fact and the instant action will be dismissed. 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) XX 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) ___ 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) XX other: motion and supporting documents are necessary only if fees totaling $400.00 are not paid in advance.

Complaint, Petition or Application:

(11) XX 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 and Prisoner Complaint forms (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.


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