Robinson v. Valerie Estrada, et al

Filing 3

ORDER Directing Applicant to Cure Deficiency, by Magistrate Judge Boyd N. Boland on 10/10/12. (nmmsl, )

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 12-cv-02659-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.) JAMES M. ROBINSON, Applicant, v. VALERIE ESTRADA, Denver County Court Probation, and THE ATTORNEY GENERAL OF THE STATE OF COLORADO, Respondents. ORDER DIRECTING APPLICANT TO CURE DEFICIENCY Applicant, James M. Robinson, currently resides in Denver, Colorado. Applicant initiated this case by submitting a Petition for Writ of Habeas Corpus to the Court challenging his conviction for public indecency in Denver County Court in Case No. 09GS035934. Applicant also paid the $5.00 filing fee. As part of this Court’s review pursuant to D.C.COLO.LCivR 8.2, this Court has determined that the Petition is deficient as described in this Order. Applicant will be directed to cure the following if he wishes to pursue his claims. Any papers that 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) (2) (3) 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: (4) (5) (6) (7) (8) (9) (10) Complaint, Petition or Application: (1) (2) (3) (4) (5) (6) (7) (8) (9) X 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 Plaintiff cure the deficiency designated above within thirty days from the date of this Order. Any papers that Plaintiff files in response to this Order must include the civil action number on the Order. It is FURTHER ORDERED that Plaintiff shall obtain the Court-approved 28 U.S.C. § 2254 Application form, along with the applicable instructions, at www.cod.uscourts.gov. It is 2 FURTHER ORDERED that if Plaintiff fails to cure the designated deficiency within thirty days from the date of this Order the Application will be denied and the action will be dismissed without further notice. DATED October 10, 2012, at Denver, Colorado. BY THE COURT: s/Boyd N. Boland United States Magistrate Judge 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?