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