Howard v. Wells Fargo Bank
1:10-cv-02328 | D. Colo. | Sep 22, 2010
F l i_ E D
lN THE uNlTED sTATEs DlsTRlcT couRT “N‘TE§§;I€§§§C%SL§§§§§OURT
FoR THE DlsTRlcT oF coLoRADo
SEP 2 2 2010
Civ" Action Noth '° CV “' 0 2 3 2 8 ghé GREGORY c. LANGHAM
(The above civil action number must appear on all future papers CLERK
sent to the court in this action. Fai|ure to include this number --'-~~~" ~
may result in a delay in the consideration of your claims.)
DOSS|E L. HOWARD, |||,
P|aintif'f,
v.
DENVER COUNTY JAlL,
Defendant.
ORDER DlRECT|NG CLERK TO COMMENCE ClVlL ACT|ON AND
DlRECT|NG PLA|NT|FF TO CURE DEF|C|ENCY
P|aintiff has submitted a letter to the court stating his intent to file a civil
complaint and a “Motion for Forma Pauperis and Affidavit of |ndigency.” As part of the
court’s review pursuant to D.C.COLO.LCivR 8.2, the court has determined that the
submitted documents are deficient as described in this order. Notwithstanding the
deficiencies, the clerk of the court will be directed to commence a civil action. Plaintiff
will be directed to cure the following if he wishes to pursue his claims. Any papers
which the 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)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
is not submitted
is missing affidavit
is missing certified copy of prisoner's trust fund statement for the 6-month
period immediately preceding this filing
is missing certificate showing current balance in prison account
is missing required financial information
is missing an original signature by the prisoner
is not on proper form (must use the court’s current form)
names in caption do not match names in caption of complaint, petition or
habeas application
An original and a copy have not been received by the court.
Only an original has been received.
other: Motion is necessarv on|v if $350.00 filing fee is not paid in
advance. ,
Complaint, Petition or Application:
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(13)
(19)
X
is not submitted
is not on proper form (must use the court’s current form)
is missing an original signature by the prisoner
is missing page nos. _
uses et al. instead of listing all parties in caption
An original and a copy have not been received by the court. Only an
original has been received.
Sufficient copies to serve each defendant/respondent have not been
received by the court.
names in caption do not match names in text
other
According|y, it is
ORDERED that the clerk of the court commence a civil action in this matter. lt is
FURTHER ORDERED that the Plaintiff cure the deficiencies designated above
within thirty (30) days from the date of this order. Any papers which the Plaintiff
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 mail to the Plaintiff, together
with a copy of this order, two copies of the following forms: Prisoner’s Motion and
Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 and Prisoner Complaint.
lt is
FURTHER ORDERED that, if the Plaintiff 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 at Denver, Colorado, this iii day of SL'I'\/U/V\/~@*-f/\ . 2010.
BY THE COURT:
/zm@w 7Z)wm %,
BoYD N. B*oLAND
United States Magistrate Judge
lN THE UN|TED STATES DlSTR|CT COURT
FOR THE DlSTRICT OF COLORADO
CERT|F|CATE OF MAlL|NG
civil Action No.“\O - CV - 0 2 3 2 8
Dossie L. Howard lll
Prisoner No. 241564
Denver County Jail
P.O. Box 1108
Denver, CO 80201
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
and Prisoner Complaint forms to the above-named individuals on 31 ZL¢[O
GREGORY C. LANGHAM, CLERK
By; /Q\\Y‘/
w [be`puty Clerk