Lugo-Gonzalez v. People of the United States

Filing 3

ORDER Directing Applicant To Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 01/02/14. (nmmsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-03478-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.)
ANDRES URIEL LUGO-GONZALEZ
Applicant,
v.
PEOPLE OF THE UNITED STATES,
Respondent.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES

Andres Uriel Lugo-Gonzalez, who is detained at the Denver Van Cise-Simonet
Detention Center, has filed pro se a “Motion for Bail Hearing Under 36-ALF-887 Power
to Admit Bail in Deportation/Removal Case.” It appears that Mr. Lugo-Gonzalez is
challenging his detention. As part of the court’s review pursuant to D.C.COLO.LCivR
8.1(b), the court has determined that the documents are deficient as described in this
order. Mr. Lugo-Gonzalez will be directed to cure the following if he wishes to pursue
his claims.
28 U.S.C. § 1915 Motion and Affidavit:
is not submitted (must use the court’s current form)
(1)
xx
(2)
is missing affidavit
(3)
is missing certified copy of prisoner’s trust fund statement for the 6-month
period immediately preceding this filing
(4)
is missing certificate showing current balance in prison account
is missing required financial information
(5)
(6)
is missing authorization to calculate and disburse filing fee payments
(7)
is missing an original signature by the prisoner
names in caption do not match names in caption of complaint, petition or
(8)

(9)

xx

habeas application
other: the notarized § 1915 motion and affidavit are
necessary only if the $5.00 filing fee is not paid in advance.

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)
xx
other: the only proper Respondent in a habeas corpus action is the
Applicant’s current warden, superintendent, jailer or other custodian.
Accordingly, it is
ORDERED that Mr. Lugo-Gonzalez cure the deficiencies designated above
within thirty (30) days from the date of this order. Any papers that Mr. LugoGonzalez files in response to this order must include the civil action number on this
order. It is
FURTHER ORDERED that Mr. Lugo-Gonzalez shall obtain the court-approved
Application for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 and Motion and
Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 along with the applicable
instructions, at www.cod.uscourts.gov. It is
FURTHER ORDERED that, if Mr. Lugo-Gonzalez fails to cure the designated
deficiencies within thirty (30) days from the date of this order, the action will be
dismissed without further notice. The dismissal shall be without prejudice.
DATED January 2, 2014, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
2

United States Magistrate Judge

3