Opinion
Civil Action No. 07-CV-00155.
January 19, 2007
ORDER DIRECTING CLERK TO COMMENCE CIVIL ACTION AND DIRECTING APPLICANT TO CURE DEFICIENCY
Applicant has submitted a "Motion Order of Court to Have District Court to Send Transcripts and Court Recods [sic] to the Defendant for H.C. Action 28 USC 2254." He has failed to file an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 and has failed either to pay the $5.00 filing fee or to file 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 document is deficient as described in this order. Notwithstanding the deficiencies, the clerk of the court will be directed to commence a civil action. Applicant will be directed to cure the following if he wishes to pursue his claims. Any papers which the Applicant files in response to this order must include the civil action number on this order. 28 U.S.C. § 1915 Motion and Affidavit: X X motion is necessary only if filing fee is not paid in advance. Complaint, Petition or Application: X
(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 required financial information (5) ___ is missing an original signature by the prisoner (6) ___ 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) other: (10) is not submitted (11) ___ 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/respondent have not been received by the court. (17) ___ names in caption do not match names in text (18) ___ other ________________________ Accordingly, it isORDERED that the clerk of the court commence a civil action in this matter. It is
FURTHER ORDERED that the Applicant cure the deficiencies designated above within thirty (30) days from the date of this order. Any papers which the Applicant files in response to this order must include the civil action number on this order. It is
FURTHER ORDERED that the clerk of the court mail to the Applicant, together with a copy of this order, two copies of the following forms: Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas Corpus Action; Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254. It is
FURTHER ORDERED that, if the Applicant 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.