McClain v. Berkebile et al

Filing 4

ORDER Directing Applicant to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 7/03/2013. (skl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-01742-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.)
CLAUDE McCLAIN,
Applicant,
v.
B. BERKEBILE, Warden, FPC Florence, and
REGIONAL MEDICAL DIRECTOR, North Central Region, Federal Bureau of Prisons,
Respondents.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES

Applicant, a federal prisoner in Colorado, has submitted to the court a Prisoner’s
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas
Corpus Action and an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. §
2241 in which he claims that his Eighth Amendment rights have been violated because
he is being denied adequate medical treatment. As part of the court’s review pursuant
to D.C.COLO.LCivR 8.2, the court has determined that the documents are deficient as
described in this order. Most importantly, the court notes that Applicant may not pursue
his Eighth Amendment claim in a habeas corpus action. Applicant will be directed to
cure the following if he wishes to pursue his claim. 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)
is not submitted

(2)
(3)

xx

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

xx

(9)
(10)

xx

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 authorization to calculate and disburse filing fee payments
is missing an original signature by the prisoner
is not on proper form (must use the court’s current form for non-habeas
corpus actions)
names in caption do not match names in caption of complaint, petition or
habeas application
other:
.

Complaint, Petition or Application:
is not submitted
(11)
(12) xx
is not on proper form (must use Prisoner Complaint form)
is missing an original signature by the prisoner
(13)
(14)
is missing page nos.
(15)
uses et al. instead of listing all parties in caption
(16)
names in caption do not match names in text
(17)
addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition or habeas application
other:
.
(18)
Accordingly, it is
ORDERED that Applicant cure the deficiencies designated above within thirty
(30) days from the date of this order. Any papers that Applicant files in response to
this order must include the civil action number on this order. It is
FURTHER ORDERED that Applicant shall obtain the court-approved Prisoner’s
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 and Prisoner
Complaint forms (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 Applicant fails to cure the designated deficiencies
within thirty (30) days from the date of this order, the action will be dismissed
without further notice. The dismissal shall be without prejudice.
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DATED July 3, 2013, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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