Chavez v. Trani et al
Filing
3
ORDER Directing Applicant to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 04/19/12. (nmmsl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01039-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.)
RUDOLPH MARTIN CHAVEZ,
Applicant,
v.
WARDEN: TRAVIS TRANI,
Respondent.
ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES
Applicant, Rudolph Martin Chavez, is a prisoner in the custody of the Colorado
Department of Corrections who currently is incarcerated at the Centennial Correctional
Facility in Cañon City, Colorado. Mr. Chavez has submitted an Application for a Writ of
Habeas Corpus Pursuant to 28 U.S.C. § 2254.
As part of the Court’s review pursuant to D.C.COLO.LCivR 8.2, the Court has
determined that the submitted document is deficient as described in this order. Mr.
Chavez will be directed to cure the following if he wishes to pursue his claims. Any
papers that Mr. Chavez files in response to this order must include the civil action
number on this order.
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)
(5)
(6)
(7)
(8)
X
(9)
(10)
X
is missing certificate showing current balance in prison account
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: motion and affidavit and certificate showing current balance only are
necessary if Applicant does not pay the $5.00 filing fee
Complaint, Petition or Application:
(11)
is not submitted
(12)
is not on proper form (must use the court’s current 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
(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.
names in caption do not match names in text
(18)
(19)
other:
Accordingly, it is
ORDERED that Applicant, Rudolph Martin Chavez, cure the deficiencies
designated above within thirty days from the date of this order. Any papers that Mr.
Chavez files in response to this order must include the civil action number on this order.
It is
FURTHER ORDERED that Mr. Chavez shall obtain the Court-approved form
used in filing a 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
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FURTHER ORDERED that, if Mr. Chavez fails to cure the designated
deficiencies within thirty days from the date of this order, the application will be
denied and the action dismissed without further notice.
DATED April 19, 2012, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge
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