Anderson v. No Defendants Named

Filing 3

ORDER Directing Applicant to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 08/28/12. (nmmsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-02276-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.)
DAVID D. ANDERSON,
Applicant,
v.
[NO NAMED RESPONDENT],
Respondent.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES

Applicant, David D. Anderson currently is detained at the Fremont County
Detention Center in Cañon City, Colorado. Mr. Anderson initiated this case by
submitting a Letter to the Court challenging his excessive bail and resulting detainment
pending criminal proceedings. The Court, therefore, construes the action as filed
pursuant to 28 U.S.C. § 2241. See Jacobs v. McCaughtry, 251 F.3d 596, 597-98 (7th
Cir. 2001).
As part of this Court’s review pursuant to D.C.COLO.LCivR 8.2, this Court has
determined that the submitted documents are deficient as described in this Order. Mr.
Anderson will be directed to cure the following if he wishes to pursue his claims. Any
papers that Mr. Anderson files in response to this Order must include the civil action
number on this Order.

Mr. Anderson also is instructed that pursuant to 28 U.S.C. § 2243 an application
for writ of habeas corpus is directed to the person who has custody of the detained
person. Therefore, Mr. Anderson is directed to name as Respondent the custodian of
the facility where he is incarcerated.
28 U.S.C. § 1915 Motion and Affidavit:
(1)
(2)
(3)

X

(4)
(5)
(6)
(7)
(8)

X

(9)
(10)

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

Complaint, Petition or Application:
(1)
(2)
(3)
(4)
(5)
(6)

X

(7)
(8)
(9)

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 the action is construed as filed pursuant to 28 U.S.C.
§ 2241. It is

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FURTHER ORDERED that Mr. Anderson cure the deficiencies designated above
within thirty days from the date of this Order. Any papers that Mr. Anderson files in
response to this Order must include the civil action number on the Order. It is
FURTHER ORDERED that Mr. Anderson shall obtain the Court-approved 28
U.S.C. § 2241 Application form and the Prisoner’s Motion and Affidavit for Leave to
Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas Action form (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 Mr. Anderson fails to cure the designated
deficiencies within thirty days from the date of this Order the Application will be
denied and the action will be dismissed without further notice.
DATED August 28, 2012, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge

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