Opinion
Civil Action No. 07-CV-00152.
January 19, 2007
ORDER DIRECTING CLERK TO COMMENCE CIVIL ACTION AND DIRECTING PETITIONER TO CURE DEFICIENCY
Petitioner has submitted a Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas Corpus Action and documents titled "Commercial Affidavit," "Judicial Notice," "Praecipe to the Clerk of Courts," and "The Great Writ of Habeas Corpus Ad Subjiciendum." As part of the court's review pursuant to D.C.COLO.LCivR 8.2, the court has determined that the documents are deficient as described in this order. Notwithstanding the deficiencies, the clerk of the court will be directed to commence a civil action. 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: Complaint, Petition or Application: xx
(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 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 this order. It is
FURTHER ORDERED that the clerk of the court mail to Petitioner, together with a copy of this order, two copies of the following form: Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241. It is
FURTHER ORDERED that, if 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.