Opinion
Civil Action No. 12-cv-02804-BNB
10-23-2012
REYNALDO Y. VILLA, Applicant, v. DEPARTMENT CORRECTION CO. D.O.C., JOHN W. SUTHERS, A.G., and WARDEN JAMES FAULKER, Respondents.
(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
Applicant has submitted a "Pro Se Motion Asking the Court to Except [sic] These Documents as Exparte & Future Ones," a Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas Corpus Action, and an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254. Mr. Villa states in the application that he is challenging the validity of his criminal conviction in Denver District Court case number 2005CR400. To avoid any confusion, the court notes that Mr. Villa has filed a separate habeas corpus application challenging the validity of a different Denver District Court conviction in case number 2005CR5751. See Villa v. Faulker, No. 12-cv-01810-BNB (D. Colo. filed July 11, 2012).
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 any claims in this court in this action. 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) xx is missing certificate showing current balance in prison account (account statement submitted is not certified)
(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: __________
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, 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. It is
FURTHER ORDERED that the "Pro Se Motion Asking the Court to Except [sic] These Documents as Exparte & Future Ones" (ECF No. 3) is DENIED as moot.
DATED October 23, 2012, at Denver, Colorado.
BY THE COURT:
Boyd N. Boland
United States Magistrate Judge