Puentes-Rosabal v. Holder Jr. et al
Filing
3
ORDER Directing Applicant to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 10/17/2013. (skl)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-02833-BNB
MIGUEL ANGEL PUENTES-ROSABAL,
Applicant,
v.
ERICK [sic] HOLDER, JR., United States Attorney General,
JANET NAPOLITANO, Secretary of the United States Department of
Homeland Security (D.H.S.),
JOHN MORTON, United States D.H.S. Director of ICE,
JOHN LONGSHORE, Field Office Director U.S. ICE in Colorado,
MR. CHOATE, GEO CDF ICE Detention Center,
JOHN SUTHERS, U.S. Attorney General for Colorado,
CORINA E. ALMEIDA, Chief Counsel for D.H.S.-ICE,
Respondents.
ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES
Applicant, Miguel Angel Puentes-Rosabal, currently is confined at the detention
center in Aurora, Colorado. He has submitted pro se a Petition for Writ of Habeas
Corpus (ECF No. 1). 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 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)
X
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)
(5)
(6)
(7)
(8)
(9)
X
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: The § 1915 motion and affidavit is necessary only if the $5.00 filing
fee is not paid in full in advance.
Complaint, Petition or Application:
(10)
is not submitted
is not on proper form
(11)
X
(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: The only proper Respondent in a habeas corpus action is
(17)
X
Applicant's current warden, superintendent, jailer or other custodian.
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 the court-approved forms for
filing a Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 and an
Application for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (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
FURTHER ORDERED that, if Applicant fails to cure the designated deficiencies
within thirty (30) days from the date of this order, the action will be dismissed
2
without further notice. The dismissal shall be without prejudice.
DATED October 17, 2013, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?