RedWillow v. Zavislan

Filing 4

ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 08/01/13. (nmmsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-02040-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.)
JOANN REDWILLOW,
Plaintiff,
v.
COLORADO DEPARTMENT OF CORRECTIONS,
Defendant.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Plaintiff, a Colorado state prisoner, has submitted to the court a Prisoner’s Motion
and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 and a Prisoner
Complaint in which she challenges the computation of her prison sentence. As relief
she asks to have 547 days of presentence confinement credit applied to her sentence.
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, because Plaintiff is challenging the execution of her sentence and seeking
habeas corpus relief, her claims properly are asserted in a habeas corpus action
pursuant to 28 U.S.C. § 2241. Plaintiff will be directed to cure the following if she
wishes to pursue her claim. Any papers that Plaintiff 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)
is missing affidavit
is missing certified copy of prisoner’s trust fund statement for the 6-month
(3)
period immediately preceding this filing
(4)
is missing certificate showing current balance in prison account
is missing required financial information
(5)
(6)
is missing authorization to calculate and disburse filing fee payments
(7)
is missing an original signature by the prisoner
(8)
xx
is not on proper form (must use the court’s current form for habeas corpus
actions)
names in caption do not match names in caption of complaint, petition or
(9)
habeas application
(10)
other:
.
Complaint, Petition or Application:
(11)
is not submitted
(12) xx
is not on proper form (must use the court’s current form for habeas corpus
actions)
(13)
is missing an original signature by the prisoner
is missing page nos.
(14)
(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 Plaintiff cure the deficiencies designated above within thirty
(30) days from the date of this order. Any papers that Plaintiff files in response to this
order must include the civil action number on this order. It is
FURTHER ORDERED that Plaintiff shall obtain the court-approved Prisoner’s
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas
Corpus Action and Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. §
2241 forms (with the assistance of her 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 Plaintiff 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.
DATED August 1, 2013, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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