Hall v. Daniels

Filing 6

ORDER Directing Petitioner to Cure Deficiency, by Magistrate Judge Boyd N. Boland on 3/26/2013. (skl)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 13-cv-00773-BNB (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.) MARC PIERRE HALL, Petitioner, v. WARDEN C. DANIELS, Respondent. ORDER DIRECTING PETITIONER TO CURE DEFICIENCY Petitioner is a prisoner in the custody of the United States Bureau of Prisons at the United States Penitentiary in Florence, Colorado. Petitioner has submitted a Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 by a Person in Federal Custody. As part of the court’s review pursuant to D.C.COLO.LCivR 8.2, the court has determined that the petition is deficient as described in this order. Petitioner will be directed to cure the following if he wishes to pursue any claims in this court in this action. Any papers that Petitioner 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 is missing affidavit (2) (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 is missing required financial information (5) (6) is missing an original signature by the prisoner (7) (8) (9) is not on proper form (must use the court’s current form) names in caption do not match names in caption of complaint, petition or habeas application other: Complaint, Petition or Application: is not submitted (10) (11) xx 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 names in caption do not match names in text (15) (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 Petitioner cure the deficiency designated above within thirty (30) days from the date of this order. Any papers that Petitioner files in response to this order must include the civil action number on this order. It is FURTHER ORDERED that Petitioner 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 Petitioner fails to cure the designated deficiency 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 March 26, 2013, at Denver, Colorado. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge 2