Straub v. Colorado Department of Corrections et al
Filing
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ORDER Directing Applicant to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 01/09/14. (nmmsl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-00076-BNB
BRIAN C. STRAUB,
Applicant,
v.
COLORADO DEPARTMENT OF CORRECTIONS, and
THE ATTORNEY GENERAL OF THE STATE OF COLORADO,
Respondents.
ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES
Applicant, Brian C. Straub, is a prisoner in the custody of the Colorado
Department of Corrections who currently is incarcerated at the Bent County Correctional
Facility in Las Animas, Colorado. He has submitted pro se an Application for Writ of
Habeas Corpus Pursuant to 28 U.S.C. § 2254 (ECF No. 1) and has paid the $5.00 filing
fee. As part of the court’s review pursuant to D.C.COLO.LCivR 8.1(b), the court has
determined that the submitted document is 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)
is not submitted
is missing affidavit
(2)
(3)
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
(4)
(5)
is missing required financial information
(6)
(7)
(8)
(9)
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:
Complaint, Petition or Application:
(10)
is not submitted
(11)
X
is not on proper form
(12)
is missing an original signature by the prisoner
(13)
is missing page nos.
(14)
uses et al. instead of listing all parties in caption
(15)
names in caption do not match names in text
(16) __
addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition or habeas application
(17)
X
other: The only proper Respondent in a habeas corpus action is
Applicant's current warden, superintendent, jailer or other custodian. The
Colorado Department of Corrections is not a proper party to this action.
Accordingly, it is
ORDERED that Applicant cure the deficiencies designated above within thirty
(30) 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 form for
filing an Application for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 (with the
assistance of his case manager or the facility’s legal assistant), along with the
applicable instructions, at www.cod.uscourts.gov, and use that form in curing the
designated deficiencies. It is
FURTHER ORDERED that, if Applicant fails to cure the designated deficiencies
within thirty (30) days from the date of this order, the action will be dismissed
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without further notice. The dismissal shall be without prejudice.
DATED January 9, 2014, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge
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