Zuniga v. Falk et al

Filing 3

ORDER Directing Applicant To Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 08/22/13. (nmmsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-02247-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.)
GENERO ZUNIGA,
Applicant,
v.
JAMES FALK, Warden of Sterling C.F., and
THE ATTORNEY GENERAL OF THE STATE OF COLORADO,
Respondents.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES

Applicant, Genero Zuniga, is a prisoner in the custody of the Colorado
Department of Corrections who currently is incarcerated at the correctional facility in
Sterling, Colorado. He has submitted pro se an Application for Writ of Habeas Corpus
Pursuant to 28 U.S.C. § 2254 (ECF No. 1) and the $5.00 filing fee. As part of the
court’s review pursuant to D.C.COLO.LCivR 8.2, the court has determined that the
submitted § 2254 application is 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 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)

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

period immediately preceding this filing
is missing certificate showing current balance in prison account
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: Applicant fails to allege claim five. He only asserts supporting
(17)
X
factual allegations.
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, if necessary, the courtapproved form for filing an Application for Writ of Habeas Corpus Pursuant to 28 U.S.C.
§ 2254 (with the assistance of his case manager or the facility’s legal assistant), along
with the applicable instructions, at www.cod.uscourts.gov, and use that form in curing
the designated deficiencies. Alternatively, Applicant may submit an amended version of
his original application that states his claim five. 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 may be dismissed
2

without further notice. The dismissal shall be without prejudice.
DATED August 22, 2013, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge

3