Crownhart v. People of the State of Colo et al

Filing 4

ORDER Directing Applicant to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 2/29/12. (lyg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-00417-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.)
EARL J. CROWNHART,
Applicant,
v.
PEOPLE OF THE STATE OF COLORADO, and
JOHN SUTHERS, The Attorney General of the State of Colorado,
Respondents.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES

Applicant, Earl J. Crowhnart, is a prisoner in the custody of the Colorado
Department of Corrections and currently is incarcerated at the Colorado Mental Health
Institute in Pueblo, Colorado. Mr. Crownhart has 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.
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. Mr.
Crownhart will be directed to cure the following if he wishes to pursue his claims. Any
papers that Mr. Crownhart files in response to this Order must include the civil action
number on this Order.

The Court also notes that Mr. Crownhart names The People of the State of
Colorado as a Respondent. The law is well-established that the only proper respondent
to a habeas corpus action is the habeas applicant’s custodian, see 28 U.S.C. § 2242;
Rules 2(a) and 1(b), Rules Governing Section 2254 Cases in the United States District
Courts; and Harris v. Champion, 51 F.3d 901, 906 (10th Cir. 1995). Mr. Crownhart must
name in the caption his custodian.
28 U.S.C. § 1915 Motion and Affidavit:
(1)
(2)
(3)
(4)

X

(5)
(6)
(7)
(8)
(9)
(10)

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 certificate showing current balance in prison account (account
statement submitted is not certified)
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)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)

X

is not submitted
is not on proper form (must use the court’s current form)
is missing an original signature by the prisoner
is missing page nos.
uses et al. instead of listing all parties in caption
An original and a copy have not been received by the court. Only an
original has been received.
Sufficient copies to serve each defendant/respondent have not been
received by the court.
names in caption do not match names in text
other: Only properly named respondent is the custodian where Applicant
is held; Handwriting in Application is not legible, Application must be
resubmitted and identified with proper case number (12-cv-00518)
2

Accordingly, it is
ORDERED that the Mr. Crownhart cure the deficiencies designated above within
thirty days from the date of this Order. Any papers that Mr. Crownhart files in
response to this Order must include the civil action number on this Order. It is
FURTHER ORDERED that Mr. Crownhart shall obtain the Court-approved form
used in filing a 28 U.S.C. § 2254 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 the Mr. Crownhart fails to cure the designated
deficiencies within thirty days from the date of this Order, the action will be
dismissed without further notice.
DATED February 29, 2012, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge

3