Thigpen v. Daniels

Filing 5

ORDER Directing Applicant to Cure Deficiency by Magistrate Judge Boyd N. Boland on 04/04/12. (nmmsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-00852-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.)
DOUGLAS M. THIGPEN,
Applicant,
v.
CHARLES A. DANIELS, Warden,
Respondent.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCY

Applicant, Douglas M. Thigpen, has submitted an Application for a Writ of
Habeas Corpus Pursuant to 28 U.S.C. § 2241 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. 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.
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)
X
is missing certificate showing current balance in prison account (account
statement submitted is not certified)
is missing required financial information
(5)
(6)
is missing an original signature by the prisoner

(7)
(8)
(9)

X

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
other: Motion is necessary only if $5.00 filing fee is not paid in advance.

Complaint, Petition or Application:
is not submitted
(10)
(11)
is not on proper form (must use the court’s current form)
(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
names in caption do not match names in text
(15)
(16) __
addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition or habeas application
(17)
other:
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, if the Applicant fails to cure the designated
deficiencies within thirty (30) days from the date of this order, the application will be
denied and the action dismissed without further notice. The dismissal shall be without
prejudice.
DATED April 4, 2012, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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