Cantrell, Sr. v. Cozza-Rhodes

Filing 5

ORDER Directing Applicant to Cure Deficiency, by Magistrate Judge Boyd N. Boland on 12/02/2013. (skl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-03253-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.)
NEWTON JAMES CANTRELL, SR.,
Applicant,
v.
T.K. COZZA-RHODES, Warden,
Respondent.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCY

Applicant, Newton James Cantrell, Sr., is in the custody of the Federal Bureau of
Prisons and is incarcerated at the Federal Correctional Institution in Florence, Colorado.
Applicant has submitted an Application for a Writ of Habeas Corpus Pursuant to 28
U.S.C. § 2241, along with a letter to the Court stating that the $5.00 filing fee will be filed
shortly.
As part of the Court’s review pursuant to D.C.COLO.LCivR 8.2, the Court has
determined that the submitted documents are 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.
28 U.S.C. § 1915 Motion and Affidavit:
(1)
(2)
(3)

X

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

(4)
(5)
(6)
(7)
(8)
(9)
(10)

X

account statement does not include the current balance in Applicant’s
prison account and is not certified
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: § 1915 motion is necessary only if $5.00 filing fee is not paid in
advance.

Complaint, Petition or Application:
is not submitted
(11)
is not on proper form (must use the Court’s current form)
(12)
(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)
other:
Accordingly, it is
ORDERED that Applicant cure the deficiency 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 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 December 2, 2013, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge

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