Peterson v. Timme et al

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-03003-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.)
BRUCE PETERSON
Applicant,
v.
RAE TIMME, and
THE ATTORNEY GENERAL OF THE STATE OF COLORADO,
Respondents.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCY

Applicant has submitted an Application for a Writ of Habeas Corpus Pursuant to
28 U.S.C. § 2254 and a Prisoner’s Motion and Affidavit for Leave to Proceed on Appeal
Pursuant to 28 U.S.C. § 1915 and Fed. R. App. P. 24. 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:
is not submitted
(1)
(2)
is missing affidavit
(3)
is missing certified copy of prisoner's trust fund statement for the 6-month
period immediately preceding this filing
is missing certificate showing current balance in prison account:
(4)
(5)
is missing required financial information
is missing an original signature by the prisoner
(6)
(7)
X
is not on proper form (must use the Court’s current form used in filing
request to proceed pursuant to § 1915 in a § 2254 action in this Court)
names in caption do not match names in caption of complaint, petition or
(8)

(9)
(10)

X

habeas application
An original and a copy have not been received by the court.
Only an original has been received.
other: Motion is necessary only if $5.00 filing fee is not paid in advance.

Complaint, Petition or Application:
is not submitted
(11)
(12)
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.
(18)
names in caption do not match names in text
(19)
other:
.
Accordingly, it is
ORDERED that Applicant cure the deficiency designated above within thirty
days from the date of this Order. Any papers which 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 Prisoner’s
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas
Corpus Action (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 Applicant fails to cure the designated deficiency
within thirty 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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