Hipps et al v. Federal Bureau of Prisons et al
Filing
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ORDER Directing Plaintiffs to Cure Deficiencies. ORDERED that Plaintiffs cure the deficiencies designated above within thirty days from the date of this Order. If Plaintiffs fail to cure the designated deficiencies within thirty days from the date of this Order, the action will be dismissed without further notice. Plaintiff Mikeal Stine is dismissed from this action, by Judge Lewis T. Babcock on 3/11/13. (sgrim)
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00604-BNB
(The above civil action number must appear on all future papers
sent to the court in this action. Failure to include this number
may result in a delay in the consideration of your claims.)
CHARLES HIPPS,
ANTOINE BRUCE,
MICHAEL BACOTE,
JEREMY PINSON, and
MIKEAL STINE,
Plaintiffs,
v.
FEDERAL BUREAU OF PRISONS,
P. KLEIN,
S. KUTA, and
D. BERKEBILE,
Defendants.
ORDER DIRECTING PLAINTIFFS TO CURE DEFICIENCIES
On March 7, 2013, Plaintiffs submitted a Prisoner Complaint. As part of the
Court’s review pursuant to D.C.COLO.LCivR 8.2, the Court has determined that the
documents are deficient as described in this Order. Plaintiffs will be directed to cure the
following if they wish to pursue any claims in this Court in this action. Any papers that
Plaintiffs file in response to this Order must include the civil action number on this
Order.
Furthermore, Mr. Stine will be dismissed from this action because he has not
complied with the requirements of his filing restrictions under Stine v. Lappin, et al.,
No. 07-cv-01839-WYD-KLM, Doc. No. 344 at 30-32 (D. Colo. Sept. 1, 2009).
28 U.S.C. § 1915 Motion and Affidavit:
(1)
X
(2)
(3)
X
(4)
(5)
(6)
(7)
(8)
(9)
(10)
is not submitted (Each plaintiff must submit their own § 1915 Motion and
Affidavit)
is missing affidavit
is missing certified copy of prisoner’s trust fund statement for the 6-month
period immediately preceding this filing for each Plaintiff
is missing certificate showing current balance in prison account
is missing required financial information
is missing authorization to calculate and disburse filing fee payments
is missing an original signature by the prisoner
is not on proper form
names in caption do not match names in caption of complaint, petition or
habeas application
other:
Complaint, Petition or Application:
(11)
is not submitted
(12)
is not on proper form
(13)
is missing an original signature by the prisoner
(14)
is missing page nos.
(15)
uses et al. instead of listing all parties in caption
names in caption do not match names in text
(16)
(17)
addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition or habeas application
(18)
X
other: Plaintiffs have failed to properly complete Section “E. Previous
Lawsuits of the Complaint form. Each Plaintiff must provide the requested
previous case information.
Accordingly, it is
ORDERED that Plaintiffs cure the deficiencies designated above within thirty
days from the date of this Order. Any papers that Plaintiffs file in response to this
Order must include the civil action number on this Order. It is
FURTHER ORDERED that Plaintiffs shall obtain the Prisoner Complaint form
and the Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C.
§ 1915 form (revised 10/1/12) (with the assistance of their case manager or the facility’s
legal assistant), along with the applicable instructions, at www.cod.uscourts.gov. It is
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FURTHER ORDERED that if Plaintiffs fail to cure the designated deficiencies
within thirty days from the date of this Order, the action will be dismissed without
further notice. It is
FURTHER ORDERED that Plaintiff Mikeal Stine is dismissed from this action.
DATED March 11, 2013, at Denver, Colorado.
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court
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