Pepper v. Archuleta et al

Filing 5

ORDER Directing Applicant To Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 08/12/13. (nmmsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-02145-BNB,
Applicant,
DARNEAU VERSILL PEPPER,
v.
LOU ARCHULETA, and
THE ATTORNEY GENERAL OF THE STATE OF COLORADO,
Respondents.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES

Applicant, Darneau Versill Pepper, is in the custody of the Colorado Department
of Corrections and currently is incarcerated at the Fremont Correctional Facility in
Cánon City, Colorado. Applicant has submitted an Application for a Writ of Habeas
Corpus Pursuant to 28 U.S.C. § 2254.
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)

is not submitted
is missing affidavit

(3)
(4)

X

(5)
(6)
(7)

X

(8)
(9)
(10)

is missing certified copy of prisoner's trust fund statement for the 6-month
period immediately preceding this filing
is missing certified statement showing current balance in prison account
as of the date this action was filed on August 9, 2013
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 used in filing
habeas actions)
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)
(13)
is missing an original signature by the prisoner
(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.
(17)
Sufficient copies to serve each defendant/respondent have not been
received by the court.
names in caption do not match names in text
(18)
(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 in a habeas action, 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

2

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.
DATED August 12, 2013, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge

3