Houston v. Raemisch, et al

Filing 3

ORDER Directing Petitioner To Cure Deficiency, by Magistrate Judge Boyd N. Boland on 11/19/13. (nmmsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-03127-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.)
KYLE LEE HOUSTON,
Petitioner,
v.
RICKY RAEMISCH, Executive Director,
Respondent.

ORDER DIRECTING PETITIONER TO CURE DEFICIENCY

Petitioner has submitted for filing a Petition Under 28 U.S.C. § 2254 for Writ of
Habeas Corpus by a Person in State Custody (ECF No. 1) and he has paid the $5.00
filing fee for a habeas corpus action. As part of the court’s review pursuant to
D.C.COLO.LCivR 8.2, the court has determined that the document is deficient as
described in this order. Petitioner will be directed to cure the following if he wishes to
pursue any claims in this court in this action. Any papers that Petitioner 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
(3)
is missing certified copy of prisoner’s trust fund statement for the 6-month
period immediately preceding this filing
is missing certificate showing current balance in prison account
(4)
(5)
is missing required financial information
(6)
is missing authorization to calculate and disburse filing fee payments
is missing an original signature by the prisoner
(7)
(8)
is not on proper form (must use the court’s current form)

(9)
(10)

names in caption do not match names in caption of complaint, petition or
habeas application
other:
.

Complaint, Petition or Application:
(11)
is not submitted
is not on proper form (must use the court’s current form)
(12) xx
(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)
names in caption do not match names in text
addresses must be provided for all defendants/respondents in “Section A.
(17)
Parties” of complaint, petition or habeas application
(18)
other:
.
Accordingly, it is
ORDERED that Petitioner cure the deficiency designated above within thirty
(30) days from the date of this order. Any papers that Petitioner files in response to
this order must include the civil action number on this order. It is
FURTHER ORDERED that Petitioner shall obtain the court-approved Application
for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 form (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 Petitioner fails to cure the designated deficiency
within thirty (30) days from the date of this order, the action will be dismissed
without further notice. The dismissal shall be without prejudice. It is
DATED November 19, 2013, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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