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Novitskiy v. USA

United States District Court, D. Colorado

July 10, 2015

SERGEY NOVITSKIY, Plaintiff,
v.
USA, Defendant.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES AND AMEND COMPLAINT

GORDON P. GALLAGHER, Magistrate Judge.

On July 7, 2015, Plaintiff, Sergey Novitskiy, a resident of Aurora, Colorado, filed pro se a Complaint against the United States. (ECF No. 1). He also filed an Application to Proceed in District Court Without Prepaying Fees or Costs. (ECF No. 2). The court must construe the Complaint liberally because Mr. Novitskiy is not represented by an attorney. See Haines v. Kerner, 404 U.S. 519, 520-21 (1972); Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991). However, the court should not be an advocate for a pro se litigant. See Hall, 935 F.2d at 1110.

As part of the Court's initial review pursuant to D.C.COLO.LCivR 8.1(a), the Court has determined that the Complaint 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 noted above in the caption of this order.

Application to Proceed in District Court Without Prepaying Fees or Costs:

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

Complaint or ...


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