Opinion
Civil Action No. 12-cv-01815-BNB
07-12-2012
FRANKIE L. MCCONNELL, Applicant, v. LAURIE TOFOYA, 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 PLAINTIFF TO CURE DEFICIENCY
Applicant, Frankie McConnell, is a prisoner in the custody of the Colorado Department of Corrections who currently is incarcerated at the Denver Women's Correctional Facility. Applicant, acting pro se, initiated this action by filing an Application for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241.
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 she wishes to pursue her claims. Any papers that Applicant files in response to this order must include the civil action number noted above in the caption of 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 for filing prisoner complaints)
(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: Is missing page one.
Complaint, Petition or Application:
(11) _ 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 Applicant cure the deficiency designated above within thirty 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 (with the assistance of her 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 deficiency within thirty days from the date of this order the application will be denied and the action dismissed without further notice.
DATED: July 12, 2012, at Denver, Colorado.
BY THE COURT:
Boyd N. Boland
United States Magistrate Judge