1:11-cv-02003 | D. Colo. | Aug 9, 2011
Case 1:11-cv-02003-CI\/|A-I\/|EH Document 5 Filed 08/09/11 USDC Colorado Page 1 Of 4
F l L E D
uNiTED srAtEs olsTRicr couRT
lN THE UN|TED STATES D|STR|CT CCURT DENVER.COLORADO
FOR THE D|STRICT OF COLORADO
AUG 0 9 lell
GREGORY C. LANGHAM
. . . CLERK
Civil Actlon No. 11-cv-02003-BNB .
(The above civil action number must appear on all future papers
sent to the court in this action. Fai|ure to include this number
may result in a delay in the consideration of your claims.)
TONY SCHM|D,
P|aintiff,
v.
CORNELL CORRECT|ONS OF AMER|CA,
WARDEN VEACH,
DR. SUNTHANKER,
DR. KYROS |PAKTCH|, and
T|MOTHY F. LYDEN,
Defendants.
ORDER DlRECT|NG PLA|NT|FF TO CURE DEF|ClENClES
Plaintiff, Tony Schmid, a state prisoner currently incarcerated in the Hudson
Correctiona| Center in Hudson, Colorado, originally filed a civil rights action in the
United States District Court for the District of Alaska. The District of Alaska determined
that the action is properly filed in the United States District Court for the District of
Colorado and entered an order that transferred the action to this Court.
P|aintiff has submitted a “Prisoner’s Complaint under the Civil Rights Act 42
U.S.C. § 1983 with State Common Law Torts,” a Prisoner’s Application to Waive
Prepayment of Fees, and a Civil Cover Sheet. As part of this Court’s review pursuant
to D.C.COLO.LCivR 8.2, this Court has determined that the submitted documents are
Case 1:11-cv-02003-CI\/|A-I\/|EH Document 5 Filed 08/09/11 USDC Colorado Page 2 Of 4
deficient as described in this Order. P|aintiff will be directed to cure the following if he
wishes to pursue his claims. Any papers that P|aintiff files in response to this Order
must include the civil action number on this Order.
28 U.S.C. § 1915 Motion and Affidavit
(1) _ is not submitted
(2) _ is missing affidavit
(3) _ is missing certified copy of prisoner's trust fund statement for the 6-month
period immediately preceding this filing
(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) X Other: Motion is necessarv onlv if $350.00 filing fee is not paid in
advance.
Complaint, Petition or App|ication:
(10) is not submitted
(11) X 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 a|. 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) _ Sufficient copies to serve each defendant/P|aintiff have not been received
by the court.
(17) _ Names in caption do not match names in text
(18) _ Other
According|y, it is
ORDERED that P|aintiff cure the deficiencies designated above within thirty
(30) days from the date of this Order. Any papers that P|aintiff files in response to
this Order must include the civil action number on the Order. lt is
FURTHER ORDERED that the P|aintiff shall obtain the court-approved
Case 1:11-cv-02003-CI\/|A-I\/|EH Document 5 Filed 08/09/11 USDC Colorado Page 3 Of 4
Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 and
Prisoner Complaint forms (with the assistance of his case manager or the facility’s legal
assistant), along with the applicable instructions, at www.cod.uscourts.gov. lt is
FURTHER ORDERED that if P|aintiff 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 August 9, 2011, at Denver, Colorado.
BY THE COURT:
s/ Bovd N. Bo|and
United States Magistrate Judge
Case 1:11-cv-02003-CI\/|A-I\/|EH Document 5 Filed 08/09/11 USDC Colorado Page 4 Of 4
|N THE UN|TED STATES D|STR|CT CGURT
FOR THE D|STR|CT OF COLORADO
CERT|F|CATE OF MA|LlNG
Civil Action No. 11-cv-002003-BNB
Tony Schmid
Prisoner No. 517018
Hudson Correctional Center
3001 N Juniper St
Hudson, CO 80642
| hereby certify that | have mailed a_copy of the ORDER to the above-named
individuals on August 9, 2011.
GREGORY C. LANGHAM, CLERK
By:
De’p/uty Clerk