Hall v. Daniels

Full title: MARC PIERRE HALL, Petitioner, v. WARDEN C. DANIELS, Respondent.

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Apr 5, 2013

Civil Action No. 13-cv-00773-BNB (D. Colo. Apr. 5, 2013)

Opinion

Civil Action No. 13-cv-00773-BNB

04-05-2013

MARC PIERRE HALL, Petitioner, v. WARDEN C. DANIELS, Respondent.

LEWIS T. BABCOCK

ORDER

This matter is before the Court on Petitioner's Objection to Magistrate's Order Directing Petitioner to Cure Deficiency/and Request Clarification of Court Order as to Other Documents/Reconsideration (ECF No. 7). For the reasons discussed below, the objection will be overruled.

Petitioner initiated this action by filing pro se a Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 by a Person in Federal Custody (ECF No. 1). On March 26, 2013, Magistrate Judge Boyd N. Boland entered an order directing Petitioner to file an amended pleading using the court-approved habeas corpus application form. Petitioner apparently objects to the requirement that he use the court-approved habeas corpus application form.

Pursuant to 28 U.S.C. § 636(b)(1)(A) a judge may reconsider any pretrial matter designated to a magistrate judge to hear and determine where it has been shown that the magistrate judge's order is clearly erroneous or contrary to law. The Court has reviewed the file and finds that Magistrate Judge Boland's order directing Plaintiff to use a court-approved form is not clearly erroneous or contrary to law because the Court's local rules require pro se prisoners to "use the forms established by this court to file an action." D.C.COLO.LCivR 8.2A. Therefore, Plaintiff's objection will be overruled.

In addition to his objection, Petitioner apparently also seeks clarification of whether he must resubmit exhibits that were attached to his original pleading. Petitioner will not be required to resubmit the attached exhibits. Accordingly, it is

ORDERED that Plaintiff's objection (ECF No. 7) is overruled. It is

FURTHER ORDERED that Plaintiff shall have thirty (30) days from the date of this order to cure the deficiency if he wishes to pursue his claims in this action.

DATED at Denver, Colorado, this 5th day of April, 2013.

BY THE COURT:

_________________

LEWIS T. BABCOCK, Senior Judge

United States District Court