Schmid v. Cornell Corrections of America

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