Opinion
Civil Action No. 11-CV-01967-BNB
08-05-2011
DAVID L. COLLINS, 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 DEFICIENCIES
Petitioner has submitted the following documents: "Petition for Order for Discharge of the Bill/Debt/Judgement [sic] and Reciept [sic] of Same"; "Motion for Joinder"; two documents titled "Unconditional Acceptance for Value"; "Bill of Exchange;" "Private Registered bond for Personal Surity [sic]"; "Notice of Transfer"; and "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. Petitioner appears to be challenging the validity of his conviction and should file his claims on a 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 submitted (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 _______________ Accordingly, it is
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 Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 form (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 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 August 5, 2011, at Denver, Colorado.
BY THE COURT:
Boyd N. Boland
United States Magistrate Judge
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
CERTIFICATE OF MAILING
Civil Action No. 11-cv-01967-BNB
David L. Collins
Prisoner No. 122803
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 5, 2011.
GREGORY C. LANGHAM, CLERK
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Deputy Clerk