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Gianetta v. No Named Defendant

United States District Court, D. Colorado

September 17, 2014

JASON C. GIANETTA, Plaintiff,
v.
[NO NAMED DEFENDANT], Defendant.

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

BOYD N. BOLAND, Magistrate Judge.

Plaintiff, Jason C. Gianetta, is a prisoner in the custody of the Federal Bureau of Prisons incarcerated at the United States Penitentiary in Coleman, Florida. He has filed pro se a letter (ECF No. 1) to the Honorable Richard P. Matsch, Senior District Judge, complaining about the conditions of his confinement. Pursuant to Rule 77.2 of the Local Rules of Practice for this Court, D.C.COLO.LCivR 77.2, a party to a proceeding, unless otherwise ordered, "shall not communicate directly about the proceeding in any manner with a judicial officer assigned to the proceeding." Senior Judge Matsch is not a judicial officer assigned to this proceeding.

As part of the court's review pursuant to D.C.COLO.LCivR 8.1(b), the court has determined that the submitted document 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 on this order.

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

(1) X is not submitted (must submit 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: § 1915 motion and affidavit and certified account statement only are necessary if $400.00 filing fee ...


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