Campbell v. Ikeler

Filing 5

ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 3/5/12. (lyg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-00552-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.)
KENNETH PAUL CAMPBELL,
Plaintiff,
v.
KIM E. IKELER,
Defendant.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Plaintiff, Kenneth Paul Campbell, is a resident of Monument, Colorado. He
initiated this action by filing a pro se Application for a Writ of Habeas Corpus pursuant to
28 U.S.C. § 2241. He paid the $5.00 filing fee 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. Plaintiff will be directed to
cure the following if he wishes to pursue his claims. Any papers which the Plaintiff files
in response to this order must include the civil action number on this order.
The Court has reviewed the Plaintiff’s application and finds that Plaintiff’s claims
are not properly asserted in a habeas corpus action. “The essence of habeas corpus is
an attack by a person in custody upon the legality of that custody, and . . . the traditional
function of the writ is to secure release from illegal custody.” See Preiser v. Rodriguez,

411 U.S. 475, 484 (1973). Mr. Campbell’s claims are not habeas corpus claims
because they do not challenge the validity of a state court conviction or the execution of
the state court sentence. Therefore, Mr. Campbell will be directed to file his claims on
the court-approved Complaint form used by non-prisoners. Mr. Campbell is also
directed to identify the jurisdictional basis for his claims.
Further, Mr. Campbell has paid $5.00 in this action. He is directed that the filing
fee in this action is $350.00. Mr. Campbell must either pay the remaining balance of
$345.00, or he must file a properly notarized motion and affidavit for leave to proceed
pursuant to 28 U.S.C. § 1915 on the form used by non-prisoners.
28 U.S.C. § 1915 Motion and Affidavit:
(1)
X
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
(5)
is missing required financial information
(6)
is missing an original signature by the prisoner
is not on proper form (must use the court’s current form)
(7)
(8)
names in caption do not match names in caption of complaint, petition or
habeas application
(9)
An original and a copy have not been received by the court.
Only an original has been received.
other: Motion is necessary only if the remainder of the $345.00 filing fee is
(10)
X
not paid in advance
Complaint, Petition or Application:
(11)
is not submitted
(12)
X
is not on proper form (must use the court’s current Complaint form)
(13)
is missing an original signature by the prisoner
(14)
is missing page nos.
(15)
uses et al. instead of listing all parties in caption
An original and a copy have not been received by the court. Only an
(16)
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
2

(19)

other

Accordingly, it is
ORDERED that the Plaintiff cure the deficiencies designated above within thirty
(30) days from the date of this order. Any papers which the Plaintiff files in response
to this order must include the civil action number on this order. It is
FURTHER ORDERED that the Plaintiff shall obtain the court-approved Complaint
and Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C.
§ 1915 forms, along with the applicable instructions, at www.cod.uscourts.gov. It is
FURTHER ORDERED that, if the Plaintiff fails to cure the designated deficiencies
within thirty (30) days from the date of this order, the complaint and the action will
be dismissed without further notice. The dismissal shall be without prejudice.
DATED at Denver, Colorado, this 5th

day of

March

BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

3

, 2012.