Critten v. Castillo et al

Filing 4

ORDER Directing Petitioner To Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 01/07/14. (nmmsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-000015-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.)
GERALD CRITTEN,
Petitioner,
v.
JUAN D. CASTILLO,
F.B.O.P. REGIONAL DIRECTOR, and
LINDA T. MCGREW, Warden,
Respondent.

ORDER DIRECTING PETITIONER TO CURE DEFICIENCIES

On January 2, 2014, Petitioner submitted a Petition for Writ of Mandamus, along
with an Opening Brief. In the documents, Petitioner is challenging a prison disciplinary
conviction for which he was sanctioned with the loss of good time credits. 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)

X

(4)

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 certificate showing current balance in prison account as of date

Applicant signed the Application
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

(5)
(6)
(7)
(8)

names in caption do not match names in caption of complaint, petition or
habeas application
other: § 1915 motion is necessary only if $5.00 filing fee is
not paid in advance.

(9)
(10)

Complaint, Petition or Application:
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)

X

is not submitted
is not on proper 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 Petitioner cure the deficiencies designated above within thirty
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 Applicant shall obtain the Court-approved forms used
for filing an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 and a
Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a
Habeas Corpus Action (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 deficiencies
within thirty days from the date of this Order, the action will be dismissed without
further notice.
2

DATED January 7, 2014, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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