Burgess v. Daniels
Filing
4
ORDER Directing Applicant to Cure Deficiency, by Magistrate Judge Boyd N. Boland on 2/05/2013. (skl)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00293-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.)
COREY BURGESS,
Applicant,
v.
CHARLES A. DANIELS,
Respondent.
ORDER DIRECTING APPLICANT TO CURE DEFICIENCY
Applicant, Corey Burgess, is a prisoner in the custody of the Federal Bureau of
Prisons who currently is incarcerated at the United States Penitentiary, High Security, in
Florence, Colorado. He has submitted pro se an Application for Writ of Habeas Corpus
Pursuant to 28 U.S.C. § 2241 (ECF No. 1) and a Prisoner’s Motion and Affidavit for
Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas Corpus Action (ECF No.
3).
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)
(3)
(4)
X
(5)
(6)
(7)
(8)
(9)
X
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 (account
statement must be certified by the warden or other appropriate officer)
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
other: § 1915 motion and affidavit and certificate are 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)
is missing an original signature by the prisoner
(12)
(13)
is missing page nos.
(14)
uses et al. instead of listing all parties in caption
(15)
names in caption do not match names in text
(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 deficiency 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
deficiency within thirty (30) days from the date of this order, the action will be
dismissed without further notice. The dismissal shall be without prejudice.
DATED February 5, 2013, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
2
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