Ross v. Borquez

1:08-cv-02541 | D. Colo. | Nov 21, 2008

FILED BNITED STATE;E D!STR|C`F COURT DENVER, COLORADD lN THE uNlTED sTATEs DlsTRlcT couRT g FoR THE olsTRlcT oF coLoRADo Ng\,) g lt mg Civi| Action NO_ ,08 _ CV m 0 2 5 4 B)/,E GREGC.ZF§Y C, ic"NCéL-YRT‘§ (The above civil action number must appear on all future papers:=-AW~ sent to the court in this action. Failure to include this number may result in a delay in the consideration of your claims.) DELAREE ROSS, P|aintiff, v. JOHN FRANK BORQUEZ, Aurora Po|ice Officer, Defendant. ORDER D|RECT|NG CLERK TO COMMENCE C|VlL ACTION AND D|RECT|NG PLA|NT|FF TO CURE DEF|CIENCY Plaintiff has submitted a |Vlotion and Aft"ldavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915, and a Comp|aint. As part of the court’s review pursuant to D.C.COLO.LCivR 8.1, 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 she Wishes to pursue her claims Any papers which the Plaintiff files in response to this order must include the civil action number on this order. Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915: (‘l) __ is not submitted (2) __ is not on proper form (must use the ccurt’s current form) (3) _ is missing original signature by Plaintiff (4) is missing affidavit (5) X affidavit is incomplete (6) L affidavit is not notarized or is not properly notarized (7) (8) (9) names in caption do not match names in caption of oomplaint, petition or appHcaHon An original and a copy have not been received by the court. Only an original has been received other Complaint or Petition: ('|O) (11) (12) (13) (14) (15) (16) (17) (13) is not submitted is not on proper form (must use the court's current form) is missing an original signature by the Plaintiff is incomplete 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 P|aintiff 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 P|aintiff, together with a copy of this order, copies of the following form(s): Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915. lt is FURTHER ORDERED that, ifthe Plaintiff fails to cure the designated deficiencies within thirty (30) days from the date of this order, the complaint and the action will be dismissed without further notice. The dismissal shall be without prejudice DATED at Denver, Colorado, this ici-Fday of 'V\Ov-MM~¢/L . 2008. BY THE COURTZ wu got »WL. BoYo iii BoLAND United States l\/lagistrate Judge |N THE UNlTED STATES DISTR|CT COURT FOR THE D|STR|CT OF COLORADO CERT|FICATE OF MA|L|NG CivilAction No. ’08 _ CV _, 0 9 5 4 1 _ 7 id j_ De|aree Ross ' 1155 (A) App|eseed Lane O|ivette, |VlO 63132 l hereby certify that l have mailed a copy of the ORDER and two copies of the Motion and Affidavit for Le_av to P%oceed Pursuant to 28 U.S.C. § 1915 to the above~ named individuals on ll film GREGORY C. LANGHA|V|, CLERK By: C ©YDeputy Clerk