Opinion
Civil Action No. 11-cv-02383-BNB
09-16-2011
RUSSELL L. ASHLEY, Petitioner, v. WARDEN DANIELS, 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 PETITIONER TO CURE DEFICIENCIES
Petitioner, Russell L. Ashley, a federal prisoner currently housed in the State of Colorado, originally filed a 28 U.S.C. § 2241 action in the United States District Court for the District of New Mexico. The District of New Mexico determined that the action properly is filed in the United States District Court for the District of Colorado and entered an order that transferred the action to this Court.
Petitioner has submitted a Petition Under 28 U.S.C. § 2241 for a Writ of Habeas Corpus, an Application to Proceed in District Court Without Prepaying Fees or Costs and a Letter. As part of this Court's review pursuant to D.C.COLO.LCivR 8.2, this 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. Any papers that 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) __ 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) xx is missing certificate showing current balance in prison account
(5) __ is missing an original signature by the prisoner
(6) xx is not on proper form (must use the Court's current form)
(7) __ Names in caption do not match names in caption of complaint, petition or habeas application
(8) __ An original and a copy have not been received by the Court. Only an original has been received.
(9) xx Other: Motion is necessary only if $5.00 filing fee is not paid in advance.
Complaint, Petition or Application:
(10) __ is not submitted
(11) xx is not on proper form (must use the Court's current form)
(12) __ is missing an original signature by the prisoner
(13) __ is missing page nos._____
(14) __ Uses et al. instead of listing all parties in caption
(15) __ An original and a copy have not been received by the court. Only an original has been received.
(16) __ Sufficient copies to serve each defendant/Petitioner have not been received by the court.
(17) __ Names in caption do not match names in text
(18) __ Other___________ Accordingly, it is
ORDERED that Petitioner cure the deficiencies designated above within thirty (30) days from the date of this order. Any papers that Petitioner files in response to this order must include the civil action number on the 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. § 2241 forms (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 Petitioner fails to cure the designated deficiency 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 16th day of September, 2011.
BY THE COURT:
Craig B. Shaffer
United States Magistrate Judge
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
CERTIFICATE OF MAILING
Civil Action No. 11-cv-02383-BNB
Russell L Ashley
Reg. No. 15561-051
USP Florence - High
PO Box 7000
Florence, CO 81226
I hereby certify that I have mailed a copy of the ORDER to the above-named individuals on September 16, 2011.
GREGORY C. LANGHAM, CLERK
By:__________
Deputy Clerk