Opinion
Civil Action No. 11-cv-003418-BNB
02-22-2012
RANDY KAILEY, Applicant, v. WILLIAM PRICE, Respondent.
(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
On February 21, 2012, this Court entered an "Order Denying Motion for Relief From Judgment and Directing Clerk of Court to Open Separate Action" in Kailey v. Furlong, No. 91-cv-02272-LTB (D. Colo. Oct. 11, 1994). Pursuant to the directives of the February 21 order, the clerk of the Court has used the "Motion for Relief From Judgment" that Applicant, Randy Kailey, submitted in No. 91-cv-02272-LTB to open the instant action effective December 14, 2011.
As part of the Court's review pursuant to D.C.COLO.LCivR 8.2, the Court has determined that the "Motion for Relief From Judgment" is deficient as described in this order. Applicant will be directed to cure the following if he wishes to pursue his claims. Any papers that Applicant files in response to this order must include the civil action number on this order.
28 U.S.C. § 1915 Motion and Affidavit:
(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 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) × other: Motion is necessary only if $5.00 filing fee is not paid in advance.
Complaint, Petition or Application:
(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) ___ names in caption do not match names in text (16) ___ addresses must be provided for all defendants/respondents in "Section A. Parties" of complaint, petition or habeas application (17) ___ other: ___ Accordingly, it is
ORDERED that Applicant cure the deficiencies designated above within thirty (30) days from the date of this order. Any papers that Applicant files in response to this order must include the civil action number on this order. It is
FURTHER ORDERED that Applicant shall obtain the Court-approved Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas Corpus Action and Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 forms (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 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.
DATED February 22, 2012, at Denver, Colorado.
BY THE COURT:
Boyd N. Boland
United States Magistrate Judge