Grajeda v. USA
Filing
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ORDER Directing Applicant to Cure Deficiency, by Magistrate Judge Boyd N. Boland on 9/19/2013. (skl)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-02552-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.)
CESAR GRAJEDA,
Applicant,
v.
UNITED STATES OF AMERICA,
Respondent.
ORDER DIRECTING APPLICANT TO CURE DEFICIENCY
Applicant, Cesar Grajeda, who is represented by counsel, is in the custody of the
United States Bureau of Prisons and currently is incarcerated at the United States
Penitentiary in Florence, Colorado. Applicant has submitted a “Petition for Writ of
Habeas Corpus Pursuant to 28 U.S.C. § 2241" [Doc. # 1] and has paid 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 document is 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.
Applicant also is instructed that pursuant to 28 U.S.C. § 2243 an application for
writ of habeas corpus is directed to the person who has custody of the detained person.
Therefore, Applicant is directed to name as Respondent the custodian of the facility
where he is incarcerated.
28 U.S.C. § 1915 Motion and Affidavit:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(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
is missing certified statement 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
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
is not on proper form (must use the Court’s current form)
(12)
X
(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.
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)
X
other: Applicant fails to name a proper Respondent.
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 a copy of the court-approved
Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241, 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 deficiency
within thirty days from the date of this Order the action will be dismissed without
further notice.
DATED September 19, 2013, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge
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