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Collins v. [No Named Defendant]

United States District Court, D. Colorado

August 25, 2014

DAVID LEE COLLINS, Plaintiff,
v.
[NO NAMED DEFENDANT], Defendant.

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

BOYD N. BOLAND, Magistrate Judge.

Plaintiff, David Lee Collins, is a prisoner in the custody of the Colorado Department of Corrections at the Arkansas Valley Correctional Facility in Ordway, Colorado. Mr. Collins, acting pro se, attempted to initiate this action on August 20, 2014, by filing a letter to the clerk of the Court titled "Payment Third Presentment Nonjudicial, Administrative Business of This Court" (ECF No. 1) that is unintelligible. The Court has opened this case under 42 U.S.C. § 1983 because Mr. Collins is a state prisoner and does not appear to be asserting a challenge to the fact or duration of his conviction or sentence. As part of the Court's review pursuant to D.C.COLO.LCivR 8.1(b), the Court has determined that the letter is deficient as described in this order. Plaintiff will be directed to cure the following if he wishes to pursue any claims in this Court 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) X is not submitted (must use and complete all pages of the Court's current form revised 10/01/12 with Authorization and Certificate of Prison Official)

(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: Plaintiff may pay $400.00 (the $350.00 filing fee plus a $50.00 administrative fee) in lieu of filing a § 1915 Motion and Affidavit and a certified ...


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