Wallin v. Werholtz
Filing
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ORDER denying as premature 4 Motion to Appoint Counsel ; denying 5 Motion for Discovery; denying 7 Motion for Hearing/Conference, and Directing Applicant to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 07/30/13.(nmmsl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-01867-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.)
DONALD OLOYEA WALLIN, a.k.a. OLOYEA WALLIN,
Applicant,
v.
ROGER WERHOLTZ, Executive Director of Colorado Department of Corrections,
Respondent.
ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES
Applicant, Donald Oloyea Wallin, is in the custody of the Colorado Department of
Corrections and currently is incarcerated at the Crowley County Correctional Facility in
Olney Springs, Colorado. Applicant has 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. Applicant also submitted other various motions.
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 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)
(4)
X
(5)
(6)
(7)
(8)
X
(9)
(10)
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
account statement does not include the current balance in Applicant’s
prison account and is not certified
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:
Complaint, Petition or Application:
(11)
is not submitted
(12)
is not on proper form (must use the Court’s current 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)
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
(17)
received by the court.
(18)
names in caption do not match names in text
(19)
other:
Accordingly, it is
ORDERED that Applicant cure the deficiencies 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 this Order. It is
FURTHER ORDERED that Applicant shall obtain the Court-approved form used
in filing a 28 U.S.C. § 1915 Motion, if necessary, (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
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FURTHER ORDERED that if Applicant fails to cure the designated deficiencies
within thirty days from the date of this Order the action will be dismissed without
further notice. It is
FURTHER ORDERED that Applicant’s Motion for Evidentiary Hearing, ECF No.
7, Motion for Appointment of Counsel, ECF No. 4, and Motion and Affidavit for
Discovery, ECF No. 5, are denied as premature.
DATED July 30, 2013, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge
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