Opinion
Civil Action No. 12-cv-01031-BNB
04-18-2012
DAVID HOVER, Applicant, v. ADAMS COUNTY DISTRICT COURT, Respondent.
(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.)
ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES
Applicant, David Hover, is a prisoner in the custody of the Colorado Department of Corrections who currently is incarcerated at the Sterling Correctional Facility in Sterling, Colorado. Mr. Hover has submitted an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 and a Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas Corpus Action.
As part of the Court's review pursuant to D.C.COLO.LCivR 8.2, the Court has determined that the submitted documents are deficient as described in this order. Mr. Hover will be directed to cure the following if he wishes to pursue his claims. Any papers that Mr. Hover 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 certificate showing current balance in prison account
(5) ___ is missing required financial information
(6) ___ is missing an original signature by the prisoner
(7) ___ is not on proper form (must use the court's current form)
(8) ___ names in caption do not match names in caption of complaint, petition or habeas application
(9) ___ An original and a copy have not been received by the court. Only an original has been received.
(10) X other: certificate showing current balance in prison account refers to Hover v. C.C.A., No. 11-cv-02170-WJM-BNB (D. Colo. Apr. 10, 2012). Applicant must clarify whether he intended the § 1915 motion and affidavit and attached certificate to be filed in the instant action or in No. 11-cv-02170-WJM-BNB.
Complaint, Petition or Application:
(11) ___ is not submitted
(12) ___ is not on proper form (must use the court's current form)
(13) X is missing an original signature by the prisoner and request for relief on missing page no. 9
(14) X is missing page no. 9
(15) ___ uses et al. instead of listing all parties in caption
(16) ___ An original and a copy have not been received by the court. Only an original has been received.
(17) ___ Sufficient copies to serve each defendant/respondent have not been received by the court.
(18) ___ names in caption do not match names in text
(19) X other: The only proper Respondent in a habeas corpus action is Applicant's current warden, superintendent, jailer or other custodian. Adams County District Court is not a proper party to this action.
Accordingly, it is
ORDERED that Applicant, David Hover, cure the deficiencies designated above within thirty days from the date of this order. Any papers that Mr. Hover files in response to this order must include the civil action number on this order. It is
FURTHER ORDERED that Mr. Hover shall obtain the Court-approved form used in filing a 28 U.S.C. § 2254 action (with the assistance of his case manager or the facility's legal assistant), along with the applicable instructions, at www.cod.uscourts.gov, and use that form in submitting the amended application. It is
FURTHER ORDERED that, if Mr. Hover fails to cure the designated deficiencies within thirty days from the date of this order, the application will be denied and the action dismissed without further notice.
DATED April 18, 2012, at Denver, Colorado.
BY THE COURT:
Boyd N. Boland
United States Magistrate Judge