You're viewing Docket Item 4 from the case Rivera v. Littleton Housing Authority. View the full docket and case details.

Download this document:




Case 1:13-cv-01949-BNB Document 4 Filed 07/30/13 USDC Colorado Page 1 of 3



IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-01949-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.)

FERNANDA RIVERA,

Plaintiff,

v.

LITTLETON HOUSING AUTHORITY,


Defendant.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Plaintiff, Fernanda Rivera, currently resides in Littleton, Colorado. Plaintiff has

submitted a Complaint and a Motion and Affidavit for Leave to Proceed Pursuant to 28

U.S.C. § 1915.

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.

Plaintiff will be directed to cure the following if she wishes to pursue her claims. Any

papers that 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:

(1)
(2)
(3)
(4)
(5)
(6)
(7)

(8)



X







is not submitted
is not on proper form (must use the Court’s current form)
is missing original signature by Plaintiff
is missing affidavit
affidavit is incomplete
affidavit is not notarized or is not properly notarized
names in caption do not match names in caption of complaint, petition or
application
other:

Case 1:13-cv-01949-BNB Document 4 Filed 07/30/13 USDC Colorado Page 2 of 3

Complaint or Petition:

(9)
(10)
(11)
(12)
(13)
(14)
(15)

(16)



X







is not submitted
is not on proper form (must use the Court’s current form)
is missing an original signature by Plaintiff
is incomplete
uses et al. instead of listing all parties in caption
names in caption do not match names in text
addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition or habeas application
other:

Furthermore, the Court notes that Teresita Reyes has signed the Complaint and

§ 1915 Motion on behalf of Plaintiff. To the extent Ms. Reyes is acting as a guardian or

conservator for Plaintiff, under Fed. R. Civ. P. 17(c), she may elect to sue or defend on

behalf of an incompetent person. Ms. Reyes, however, is not able to assert such claims

pro se on Plaintiff’s behalf. See Mann v. Boatright, 477 F.3d 1140, 1149-50 (10th Cir.

2007) (a legal guardian is not able to bring suit without assistance of counsel) (citing

Meeker v. Kercher, 782 F.2d 153, 154 (10th Cir. 1986)).

“[I]t is not in the interests of minors or incompetents that they be represented by

non-attorneys. Where they have claims that require adjudication, they are entitled to

trained legal assistance so their rights may be fully protected.” Mann, 477 F.3d at 1150

(citing Cheung v. Youth Orchestra Found. of Buffalo, 906 F.2d 59, 61 (2d Cir. 1990)).

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 form used in

filing a 28 U.S.C. § 1915 motion and affidavit, along with the applicable instructions, at

www.cod.uscourts.gov. It is

2

Case 1:13-cv-01949-BNB Document 4 Filed 07/30/13 USDC Colorado Page 3 of 3

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 July 30, 2013, at Denver, Colorado.

BY THE COURT:

s/Boyd N. Boland
United States Magistrate Judge

3