Opinion
Civil Action No. 12-cv-00889-BNB
04-06-2012
CLINT ALLEN CLARK, Applicant, named as Defendant, v. UNITED STATES OF AMERICA, Respondent, named as Plaintiff.
(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, Clint Allen Clark, is a prisoner in the custody of the United States Bureau of Prisons who currently is incarcerated at the Federal Prison Camp in Florence, Colorado. Mr. Clark has submitted a document titled "Ex Parte Application for Clarification of Statement of Reason and Sentence in Judgment in a Criminal Case" (ECF No. 1). He asks for clarification of his sentencing in Criminal Action No. 09-cr-00050-001-JHP in the United States District Court for the Eastern District of Oklahoma and its effect on his early release eligibility.
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. Clark will be directed to cure the following if he wishes to pursue his claims. Any papers that Mr. Clark 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) ___ other:_________________
Complaint, Petition or Application:
(11) ___ is not submitted
(12) X 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:_________________
Accordingly, it is
ORDERED that Applicant, Clink Allen Clark, cure the deficiencies designated above within thirty days from the date of this order. Any papers that Mr. Clark files in response to this order must include the civil action number on this order. It is
FURTHER ORDERED that Mr. Clark shall obtain the Court-approved form used in filing a 28 U.S.C. § 2241 action (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 Mr. Clark fails to cure the designated deficiencies within thirty days from the date of this order, the action will be dismissed without further notice.
DATED April 6, 2012, at Denver, Colorado.
BY THE COURT:
Boyd N. Boland
United States Magistrate Judge