Opinion
Civil Action No. 11-cv-03389-BNB
03-12-2012
THOMAS WARREN RAY, Applicant, v. KENNETH COLE, et al., Respondent,
AMENDED ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES
Applicant has submitted a Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 and an incomplete Application for a 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 documents are deficient as described in this order. Applicant will be directed to cure the following if he wishes to pursue his claims. Any papers that 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) × other: Account statement 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: Section C "Claims" is not completed Accordingly, it is
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 (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 complaint and the action will be dismissed without further notice. The dismissal shall be without prejudice.
DATED March 12, 2012, at Denver, Colorado.
BY THE COURT:
Boyd N. Boland
United States Magistrate Judge