Wimberly v. Gutierrez et al

Filing 4

ORDER Directing Applicant To Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 03/28/13. (nmmsl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 13-cv-00776-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.) CHARLES WILLIAM WIMBERLY, Applicant, v. PHILLIP GUTIERREZ, Warden, Victorville Medium I, and THE ATTORNEY GENERAL OF THE STATE OF COLORADO, Respondent. ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES Applicant, Charles William Wimberly, is in the custody of the United States Bureau of Prisons and currently is incarcerated at the Victorville Medium I Federal Correctional Institution in Adelanto, California. Applicant has submitted a Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by Person in State Custody and an Application for Pauper Status (28 U.S.C. § 1915(a)). 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 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) (2) (3) (4) (5) (6) (7) (8) (9) (10) X X is not submitted is missing affidavit is missing certified copy of prisoner's trust fund statement for the 6-month period immediately preceding this filing is missing certified statement showing current balance in prison account is missing required financial information is missing an original signature by the prisoner 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 An original and a copy have not been received by the court. Only an original has been received. other: Complaint, Petition or Application: (11) is not submitted (12) X is not on proper form (must use the court’s current form) (13) is missing an original signature by the prisoner is missing page nos. (14) (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. names in caption do not match names in text (18) (19) X other: Applicant’s claims challenge the execution of his sentence and more properly are raised in an action filed pursuant to 28 U.S.C. § 2241 Accordingly, it is ORDERED that Applicant cure the deficiencies 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 forms used in filing a habeas corpus application pursuant to 28 U.S.C. § 2241 and a 28 U.S.C. § 1915 motion in a habeas corpus action (with the assistance of his case manager or 2 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 deficiencies within thirty days from the date of this Order the action will be dismissed without further notice. DATED March 28, 2013, at Denver, Colorado. BY THE COURT: s/Boyd N. Boland United States Magistrate Judge 3