Chapman v. Archuletta

Filing 4

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES: Applicant shall cure the deficiencies designated 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 O rder. Applicant shall obtain the Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 and Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas Corpus Action forms (with the assi stance of their case manager or the facility's legal assistant), along with the applicable instructions, at www.cod.uscourts.gov. If Applicant fails to cure the designated deficiencies within thirty days from the date of this Order, the action will be dismissed without further notice. By Magistrate Judge Boyd N. Boland on 1/6/2014. (mehcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-03492-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.)
ERIC KEITH CHAPMAN,
Applicant,
v.
WARDEN ARCHULETTA,
Respondent.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Applicant, Eric Keith Chapman, is a prisoner who is incarcerated at the Fremont
Correctional Facility in Cánon City, Colorado. Applicant, acting pro se, initiated this
action by filing an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241
and Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915.
As part of the Court’s review pursuant to D.C.COLO.LCivR 8.1(b), 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
noted above in the caption of this Order.
28 U.S.C. § 1915 Motion and Affidavit:
(1)
(2)
(3)
(4)
(5)

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
is missing certified statement showing current balance in prison account
is missing required financial information

(6)
(7)
(8)

X

(9)
(10)

X

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 motion pursuant to § 1915
habeas corpus form)
names in caption do not match names in caption of complaint, petition or
habeas application
other: Applicant may in the alternative pay the $5.00 filing
fee in advance.

Complaint, Petition or Application:
(11)
(12)

X

(13)
(14)
(15)
(16)
(17)
(18)

X

is not submitted
is not on proper form (must use the court’s application for writ of habeas
corpus § 2254 form, not the § 2241 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: Applicant’s claims challenge the validity of his sentence and
properly are asserted in an application for writ of habeas corpus pursuant
to 28 U.S.C. § 2254.

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 Application for a Writ of
Habeas Corpus Pursuant to 28 U.S.C. § 2254 and Prisoner’s Motion and Affidavit for
Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas Corpus Action forms (with
the assistance of their 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 days from the date of this Order, the action will be dismissed without
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further notice.
DATED January 6, 2014, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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