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Hatcher v. No Named Defendant

United States District Court, D. Colorado

December 16, 2014

RAYMOND T. HATCHER, Plaintiff,
v.
[NO NAMED DEFENDANT], Defendant

Raymond T. Hatcher, Plaintiff, Pro se, Conifer, CO.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Gordon P. Gallagher, United States Magistrate Judge.

Plaintiff Raymond T. Hatcher currently resides in Conifer, Colorado. The $400 filing fee has been paid.

As part of the Court's review pursuant to D.C.COLO.LCivR 8.1(a), the Court has determined that the submitted documents are 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.

Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915:

(1) is not submitted(2) is not on proper form (must use the Court's current form)(3) is missing original signature by Plaintiff (4) is missing affidavit(5) affidavit is incomplete(6) affidavit is not notarized or is not properly notarized(7) names in caption do not match names in caption of complaint, petition or application(8) other:

Complaint or Petition:

(9) is not submitted(10) is not on proper form (must use the Court's current form)(11) X is missing an original signature by Plaintiff (12) is incomplete(13) uses et al. instead of listing all parties in caption(14) names in caption do not match names in text(15) addresses must be provided for all defendants/respondents in " Section A. Parties" of complaint, petition or habeas application(16) X other: Sections of the Complaint form have not been completed. Plaintiff does not name a defendant or state the basis for jurisdiction of this Court. Plaintiff also fails to assert the claims for relief and supporting factual allegations, as well as a request for relief, in the proper section of the complaint form

Furthermore, the Court notes that Linda Hatcher has signed the Complaint for Plaintiff. To the extent Ms. Hatcher is acting as a guardian or conservator for Plaintiff, under Fed.R.Civ.P. 17(c), she may elect to sue or defend on behalf of an incompetent person. Ms. Hatcher, however, is not able to assert such claims pro se on Plaintiff's behalf. See Mann v. Boatright, 477 F.3d 1140, 1149-50 (10th Cir. 2007) (a legal guardian is not able to bring suit without assistance of counsel) (citing Meeker v. Kercher, 782 F.2d 153, 154 (10th Cir. 1986)).

" [I]t is not in the interests of minors or incompetents that they be represented by non-attorneys. Where they have claims that require adjudication, they are entitled to trained legal assistance so their rights may be fully protected." Mann, 477 F.3d at 1150 (citing Cheung v. Youth Orchestra Found. of Buffalo, 906 F.2d 59, 61 (2d Cir. 1990)). Accordingly, it is

ORDERED that Plaintiff cure the deficiencies designated above within thirty 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 form used in filing a 28 U.S.C. § 1915 motion and affidavit, 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 days from the date of this Order the action will be dismissed without further notice.


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