Kim v. Falk et al

Filing 3

ORDER Directing Applicant to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 6/01/2012. (skssl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-001419-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.)
YOOBANG KIM,
Applicant,
v.
JAMES FALK, Warden of the Sterling Correctional Facility, and
THE ATTORNEY GENERAL OF THE STATE OF COLORADO,
Respondents.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES

Applicant, Yoobang Kim, is a prisoner in the custody of the Colorado Department
of Corrections (DOC) and currently is incarcerated at the DOC correctional facility in
Sterling, Colorado. Mr. Kim has filed 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 deficiencies as described in this Order. Mr. Kim will be directed to cure the
following if he wishes to pursue his claims. Any papers that Mr. Kim files in response to
this Order must include the civil action number on this Order.
28 U.S.C. § 1915 Motion and Affidavit:
(1)
(2)
(3)

X

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

(4)

X

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

X

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: Applicant must either pay the $5.00 filing fee or in the alternative
submit a § 1915 motion and affidavit to proceed without payment of the
fees along with a certified statement showing the current balance in his
prison account.

Complaint, Petition or Application:
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)

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:

Accordingly, it is
ORDERED that Mr. Kim cure the deficiencies designated above within thirty
days from the date of this Order. Any papers that Mr. Kim files in response to this
Order must include the civil action number on this Order. It is
FURTHER ORDERED that Mr. Kim 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 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

2

FURTHER ORDERED that if Mr. Kim fails to cure the designated deficiencies
within thirty days from the date of this Order the action will be dismissed without
further notice.
DATED June 1, 2012, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge

3