Bacote v. Berkebile

Filing 5

ORDER Directing Applicant to Cure Deficiency, by Magistrate Judge Boyd N. Boland on 7/09/2013. (skl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-01793-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.)
MICHAEL BACOTE,
Applicant,
v.
DAVID BERKEBILE,
Respondent.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCY

Applicant, Michael Bacote, is a prisoner in the custody of the Federal Bureau of
Prisons who currently is incarcerated at the United States Penitentiary in Florence,
Colorado. Acting pro se, Applicant submitted an Application for a Writ of Habeas
Corpus Pursuant to 28 U.S.C. § 2241 and a Prisoner’s Motion and Affidavit for Leave to
Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas Corpus Action. 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 any claims in this Court in this action. Any
papers that Applicant files in response to this Order must include the civil action number
on the Order.
28 U.S.C. § 1915 Motion and Affidavit:
(1)
is not submitted
is missing affidavit
(2)
(3)
is missing certified copy of prisoner’s trust fund statement for the 6-month

(4)
(5)
(6)
(7)
(8)
(9)

X

period immediately preceding this filing
certificate showing balance in prison account is not current
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:

Complaint, Petition or Application:
(10)
is not submitted
is not on proper form
(11)
(12)
is missing an original signature by the prisoner
(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
other:
(17)
Accordingly, it is
ORDERED that Applicant cure the deficiency designated above within thirty
days from the date of this Order. Any papers that Applicant files in response to this
Order must include the civil action number on the Order. It is
FURTHER ORDERED that, if Applicant fails to cure the designated deficiency
within thirty days from the date of this Order, the action will be dismissed
without further notice.
DATED July 9, 2013, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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