Opinion
Civil Action No. 11-cv-02111-BNB
08-25-2011
WILLARD ARTHUR, Allodial, Petitioner, v. THE PEOPLE OF THE STATE OF COLORADO, THE STATE OF COLORADO, and WARDEN v. EVERT, KCCC, Respondents.
(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 PETITIONER TO CURE DEFICIENCY
Petitioner has submitted documents titled "Petition for Order for Discharge of Debt/Judgement and Reciept [sic] of Same," "Notice of Unconditional Acceptance," "Notice of Transfer," "Private Registered Bond for Personal Surity [sic]," "Bill of Exchange" and a Cover Letter. 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. Petitioner will be directed to cure the following if he wishes to pursue his claims. It appears that Petitioner is challenging the validity of his conviction and therefore, he will be directed to file his claims on the Court-approved form used in filing a 28 U.S.C. § 2254 action. Any papers which the Petitioner files in response to this order must include the civil action number on this order.
28 U.S.C. § 1915 Motion and Affidavit:
(1) X 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) X 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: Motion is necessary only if $5.00 filing fee is not paid in advance.
Complaint, Petition or Application:
(11) X is not submittedAccordingly, it is
(12) _ is not on proper form (must use the court's current 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) _ 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) _ other______________________
ORDERED that the Petitioner cure the deficiencies designated above within thirty (30) days from the date of this order. Any papers which the Petitioner files in response to this order must include the civil action number on this order. It is
FURTHER ORDERED that the Petitioner shall obtain the court-approved Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas Corpus Action and Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 forms (with the assistance of a case manager or the facility's legal assistant), along with the applicable instructions, at www.cod.uscourts.gov. It is
FURTHER ORDERED that, if the Petitioner 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 at Denver, Colorado, this 23rd day of August, 2011.
BY THE COURT:
Craig B. Shaffer
United States Magistrate Judge
CERTIFICATE OF MAILING
Civil Action No. 11-cv-02111-BNB
Willard Arthur
Prisoner No. 104631
Kit Carson Corr. Center
PO Box 2000
Burlington, CO 80807
I hereby certify that I have mailed a copy of the ORDER to the above-named individuals on August 23, 2011
GREGORY C. LANGHAM, CLERK
____________
Deputy Clerk