Bergman v. Lacouture

1:06-cv-00761 | D. Colo. | Apr 20, 2006

Case 1:06-cv-OO761-ZLW Document 2 Filed 04/20/06 USDC Co|orado Page 1 of 4 lN THE uNlTED sTATEs olsTRlc'r couRT Fi L E n FoR THE DlsTRlcT oF coLoRADo lriirervsgg;§§§igro§§rwv“r civil Action No 06 "' CV "' 00 7 6 1 " B//B APR 20 2005 (The above civil action number must appear on all future papers GREUUHY LJ- -"‘“‘"‘-E “EN'_E sent to the court' ln this action. Failure to include this number may resu|t' ln a delay' ln the consideration of your claims.) GWEN BERGMAN, Petitioner, V. JOHN RchARD LACOUTURE,"and et ai., Respondent. ORDER D|RECT|NG CLERK TO COMMENCE CIV|L ACTION AND D|RECT|NG PET|TIONER TO CURE DEF|C|ENCY Petltioner has submitted a Letter to the Court, a Prisoner’s ln Forma Pauperis Application, and a |V|otion to Appeal from State District Court-Order for the Ninth Judicia| District and Dismiss the Order(s). The court has determined that the documents are deficient as described in this order. Notwithstanding the deficiencies, the clerk of the court Wi|| be directed to commence a civil action. Petltioner Wi|| be directed to cure the following if he Wishes to pursue his claims. Any papers Which the Petitioner liles in response to this order must include the civil action number on this order. 28 U.S.C. § 1915 Motion and Affidavit: (1) _ is notsubmitted (2) __ is missing affidavit Case 1:06-cv-OO761-ZLW Document 2 Filed 04/20/06 USDC Colorado Page 2 of 4 (3) X is missing certified copy of prisoner's trust fund statement for the 6-month period immediately preceding this filing (Account statement submitted is not certified bv a prison official and does not cover the entire 6-month penod) (4) _ is missing required financial information (5) _ is missing an original signature by the prisoner (6) L is not on proper form (must use the court’s current form) (7) _ names in caption do not match names in caption of complaint, petition or habeas application (8) __ An original and a copy have not been received by the court. Only an original has been received. (9) _ other Comp|aint, Petition or Application: ('lO) X is not submitted (11) _ is not on proper form (must use the court’s current form) (12) _ is missing an original signature by the prisoner (13) _ is missing page nos. _ (14) _ uses et al. instead of listing all parties in caption (15) _ An original and a copy have not been received by the court. Only an original has been received. (16) _ SufFlcient copies to serve each defendant/respondent have not been received by the court. (17) _ names in caption do not match names in text (18) _ other Accordingly, it is ORDERED that the clerk of the court commence a civil action in this matter. lt is FURTHER ORDERED that the Petitloner cure the deficiencies designated above within thirty (30) days from the date of this order. Any papers which the Petitioner files in response to this order must include the civil action number on this order. lt is FURTHER ORDERED that the clerk of the court mall to the Petitioner, together with a copy of this order, two copies of the following forms: Prisoner’s l\/lotlon and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas Corpus Action; Appllcation for a Writ of Habeas Corpus Pursuant to 28 LJ.S.C. § 2254. lt is Case 1:06-cv-OO761-ZLW Document 2 Filed O4/20/06 USDC Colorado Page 3 of 4 FURTHER ORDERED that, if the Petitioner fails to cure the designated deficiencies within thirty (30) days from the date of this order, the action will be dismissed Without further notice. The dismissal shall be without prejudice \ DATED ai Denver, coioracio, this ¢fz;day of M ,2006. BY THE COURT: BoYD NCi'soi_AND Unlted States l\/lagistrate Judge Case 1:06-cv-OO761-ZLW Document 2 Filed O4/20/06 USDC Colorado Page 4 of 4 |N THE UN|TED STATES DlSTRlCT COURT FOR THE DiSTRICT OF COLORADO CERT|F|CATE OF MA|L!NG civiiActidn Nd. 06 _ CV _ 00 7 6 1 f[J>,a/B Gwen Bergman Reg. No. 32578013 5701 8"‘ Street Camp Parks Dublin, CA 94568 l hereby certify that l have mailed a copy of the ORDER and two copies of the Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas Corpus Action and an Application fora Writ of Habeas Corpus Pursuant id 28 u.s.c. § 2254 id the above-named individuals an ¢!“ Z¢’~dé GREGORY C. LANGHA|VI, CLERK Bvr 5% Deputy Clerk