Miles v. No Respondents Named
Filing
3
ORDER Directing Applicant to Cure Deficiency, by Magistrate Judge Boyd N. Boland on 11/18/11. (lyg, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-02928-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.)
MURPHY MILES, JR.,
Applicant,
v.
NO RESPONDENTS NAMED,
Respondent.
ORDER DIRECTING APPLICANT TO CURE DEFICIENCY
Applicant has paid the $5.00 filing fee and submitted a Letter stating his intention
to file a habeas corpus action. As part of the court’s review pursuant to
D.C.COLO.LCivR 8.2, 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 that the Applicant files in response to this
order must include the civil action number on this order.
Because Applicant does not indicate whether he is challenging the validity of his
conviction, in which case he should file his claims on a Court-approved form used in
filing a 28 U.S.C. § 2254 action, or he is challenging the execution of his sentence, in
which case he should file his claims on a Court-approved form used in filing a 28 U.S.C.
§ 2241 action, Applicant will be directed to both forms.
28 U.S.C. § 1915 Motion and Affidavit:
(1)
is not submitted
(2)
is missing affidavit
is missing certified copy of prisoner's trust fund statement for the 6-month
(3)
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)
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
other:
.
(9)
Complaint, Petition or Application:
(10)
X
is not submitted
is not on proper form (must use the court’s current form)
(11)
(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)
X
other: The only proper Respondent in a habeas corpus action is
Applicant’s current warden, superintendent, jailer or other custodian.
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 or Application for
a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 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
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FURTHER ORDERED that, if Petitioner is challenging the validity of his
conviction, he should file his claims on a Court-approved form used in filing a 28 U.S.C.
§ 2254 action. If he is challenging the execution of his sentence, he should file his
claims on a Court-approved form used in filing a 28 U.S.C. § 2241 action. Petitioner
specifically is directed to complete and return whichever form is appropriate for his
asserted claims, but not to complete and return both forms. 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.
DATED November 18, 2011, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
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