Merrill v. Mink et al
Filing
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ORDER Directing Plaintiff To Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 03/28/13. (nmmsl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00790-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.)
RANDY ALAN MERRILL,
Plaintiff,
v.
THEODORE MINK, Sheriff of Jefferson County, Colorado, and
CINDY KERRIGAN, Kitchen Director for Aramark Corp.,
Defendants.
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES
Plaintiff, currently is detained at the Jefferson County Detention Facility in
Golden, Colorado. On March 27, 2013, Plaintiff submitted a Prisoner’s Civil Rights
Complaint and a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28
U.S.C. § 1915 in a Habeas Action to the Court challenging the conditions of his
confinement. As part of the Court’s review pursuant to D.C.COLO.LCivR 8.2, the Court
has determined that the document is deficient as described in this Order. Plaintiff will
be directed to cure the following if he wishes to pursue any claims in this Court in this
action. Any papers that 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)
is not submitted
is missing affidavit
(2)
(3)
X
is missing certified copy of prisoner’s trust fund statement for the 6-month
period immediately preceding this filing
(4)
is missing certificate showing current balance in prison account
(5)
(6)
(7)
(8)
(9)
(10)
X
X
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 (must use the Court’s current form used in filing
prisoner complaints revised on 10/1/12)
names in caption do not match names in caption of complaint, petition or
habeas application
other:
Complaint, Petition or Application:
is not submitted
(11)
(12)
X
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
(16)
names in caption do not match names in text
(17)
addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition or habeas application
(18)
other:
Accordingly, it is
ORDERED that Plaintiff cure the deficiencies designated above within thirty
days from the date of this Order. Any papers that Plaintiff files in response to this
Order must include the civil action number on this Order. It is
FURTHER ORDERED that Plaintiff shall obtain the Court-approved Prisoner
Complaint form and the Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant
to 28 U.S.C. § 1915 (revised 10/1/12) form (with the assistance of his case manager or
the facility’s legal assistant), along with the applicable instructions, at
www.cod.uscourts.gov. It is
FURTHER ORDERED that, if Plaintiff fails to cure the designated deficiencies
within thirty days from the date of this Order, the action will be dismissed without
further notice.
DATED March 28, 2013, at Denver, Colorado.
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BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
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