Opinion
Civil Action No. 11-CV -02718-BNB
10-27-2011
BURTON SANDLES, Applicant, v. THE ATTORNEY GENERAL OF THE STATE OF COLORADO, 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 "Petition for a Federal Writ of Habeas Corpus Under 28 USC 2254" and paid the $5.00 filing fee. As part of the court's review pursuant to D.C.COLO.LCivR 8.1, 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.
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. §1915:
(1) _ is not submitted
(2) _ is not on proper form (must use the court's current form)
(3) _ is missing original signature by Applicant
(4) _ is missing affidavit
(5) _ affidavit is incomplete
(6) _ affidavit is not notarized or is not properly notarized
(7) _ names in caption do not match names in caption of complaint, petition or
application
(8) _ An original and a copy have not been received by the court.
Only an original has been received.
(9) _ other _______________
Complaint or Petition:
(10) _ is not submittedAccordingly, it is
(11) ×× is not on proper form (must use the court's current form)
(12) _ is missing an original signature by the Applicant
(13) _ is incomplete
(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 _______________
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 Plaintiff shall obtain the court-approved Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 form, 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.
BY THE COURT:
Boyd N. Boland
United States Magistrate Judge
CERTIFICATE OF MAILING
Burton Sandles
1746 Emerson St #103
Denver, CO 80218
I hereby certify that I have mailed a copy of the ORDER to the above-named individuals on October 27, 2011.
GREGORY C. LANGHAM, CLERK
By: _______________
Deputy Clerk