Opinion
Civil Action No. 11-cv-02354-BNB
09-13-2011
VICTOR TEON LINDSEY II, Applicant, v. USP PRISON BUREAU FLORENCE FEDERAL PRISON, 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 DEFICIENCY
Applicant has submitted a document titled "Petition for Emergency Writ of Habeas Corpus" and paid the $5.00 filing fee. As part of the court's review pursuant to D.C.COLO.LCivR 8.2, the court has determined that the submitted document is deficient as described in this order. Applicant will be directed to cure the following if he wishes to pursue his claims. Any papers which the 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) _ 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 submittedAccordingly, it is
(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_
ORDERED that the Applicant cure the deficiencies designated above within thirty (30) days from the date of this order. Any papers which the Applicant files in response to this order must include the civil action number on this order. It is
FURTHER ORDERED that the Applicant shall obtain the court-approved Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 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 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 at Denver, Colorado, this 13th day of September, 2011.
BY THE COURT:
Craig B. Shaffer
United States Magistrate Judge
CERTIFICATE OF MAILING
Civil Action No. 11-cv-02354-BNB
Victor Teon Lindsey
Reg. No. 19944-051
USP Florence - High
PO Box 7000
Florence, CO 81226
I hereby certify that I have mailed a copy of the ORDER to the above-named individuals on September 13, 2011.
GREGORY C. LANGHAM, CLERK
_______________
Deputy Clerk