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
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(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
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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
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|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