Hill v. Oliver

Filing 4

ORDER Directing Applicant To Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 12/3/13. (nmmsl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 13-cv-03236-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.) HOWARD L. HILL, Applicant, v. J. OLIVER, Warden, Respondent. ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES On November 25, 2013, Applicant submitted a “Petition for a Writ of Habeas Corpus 28 U.S.C.S § 2241" challenging the disciplinary hearing process at the United States Penitentiary in Florence, Colorado. Applicant also submitted a “Motion for Permission to Proceed In Forma Pauperis, Declaration in Support of and Supporting Documentation and Order.” As part of the Court’s review pursuant to D.C.COLO.LCivR 8.2, the Court has determined that the documents are 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) (2) (3) (4) 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 certificate showing current balance in prison account (5) (6) (7) (8) (9) (10) X X is missing required financial information is missing authorization to calculate and disburse filing fee payments 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: § 1915 motion and affidavit is necessary only if $5.00 filing fee is not paid in advance. Complaint, Petition or Application: (11) (12) (13) (14) (15) (16) (17) (18) X is not submitted is not on proper form (must use the Court’s current form) is missing an original signature by the prisoner is missing page nos. uses et al. instead of listing all parties in caption names in caption do not match names in text addresses must be provided for all defendants/respondents in “Section A. Parties” of complaint, petition or habeas application 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 Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 form and Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas Corpus Action 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 Plaintiff fails to cure the designated deficiencies within thirty days from the date of this Order, the action will be dismissed without further notice. It is DATED December 3, 2013, at Denver, Colorado. 2 BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge 3

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