Turner v. Felzien et al

Filing 10

Second ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 12/19/11. (lygsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-03033-BNB

GARY WAYNE TURNER,
Plaintiff,
v.
TOM CLEMENTS, Executive Director of C.D.O.C.,
Defendant.

SECOND ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Plaintiff, Gary Wayne Turner, is in the custody of the Colorado Department of
Corrections and is incarcerated at a state correctional in Sterling, Colorado. Originally,
Mr. Turner filed a pleading titled “Petition for Writ of Habeas Corpus Pursuant to C.R.S.
13-45-101.” The Court reviewed the pleading and determined that Mr. Turner is
challenging the conditions of his confinement and not the validity or execution of his
conviction and sentence. On November 23, 2011, the Court directed Mr. Turner to file
his claims on a Court-approved form used in filing prisoner complaints and to submit a
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915.
Rather than comply with the November 23 Order, Mr. Turner 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 Pursuant to 28 U.S.C. § 1915 in a Habeas
Corpus Action on December 16, 2011. Again, the claims Mr. Turner states in the
Application more properly are raised in a prisoner complaint. Accordingly, it is

ORDERED that Mr. Turner cure the deficiencies designated above by filing a
Prisoner Complaint and either by paying the $350.00 filing fee or by filing a Prisoner’s
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 within thirty
days from the date of this Order. It is
FURTHER ORDERED that Mr. Turner shall obtain the Court-approved Motion
and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 form and a Prisoner
Complaint form (with the assistance of his case manager or the prison facility’s legal
assistant), along with the applicable instructions, at www.cod.uscourts.gov. It is
FURTHER ORDERED that if Mr. Turner fails within the time allowed to cure the
designated deficiencies the action will be dismissed without further notice.
DATED December 19, 2011, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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