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Davis v. No Named Defendant

United States District Court, D. Colorado

September 18, 2014

ANDRE THOMAS DAVIS, 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, Andre Thomas Davis, currently is confined at the Colorado Mental Health Institute (CMHI) at Pueblo, Colorado. He attempted to initiate this action by filing pro se a letter (ECF No. 1) to the Court complaining about the conditions of his confinement. On September 10, 2014, the Court entered a minute order (ECF No. 3) directing Mr. Thomas to inform the Court within fifteen days whether he was a prisoner or nonprisoner. This information was necessary so that the Court would know what forms Plaintiff needed to complete in order to cure deficiencies in this case. On September 17, 2014, Mr. Davis filed a response (ECF No. 4) to the September 10 minute order informing the Court that he is a prisoner at the CMHI in Pueblo.

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)Xis 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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