DeVaughn v. Batts

Filing 3

ORDER Directing Applicant to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 1/21/2014. (skl)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 14-cv-00140-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.) JAY S. DEVAUGHN, Applicant, v. MYRON BATTS, Warden, Respondent. ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES Applicant, Jay S. DeVaughn, is a prisoner in the custody of the Federal Bureau of Prisons who currently is incarcerated at the Federal Correctional Institution in Big Springs, Texas. He has submitted pro se a document titled “Petition for Habeas Corpus.” He paid the $5.00 filing fee for a habeas corpus action. As part of the court’s review pursuant to D.C.COLO.LCivR 8.1(b), the court has determined that the submitted habeas corpus application 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 (4) (5) (6) (7) (8) (9) is missing certificate showing current balance in prison account 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 other: Complaint, Petition or Application: is not submitted (10) (11) X is not on proper form is missing an original signature by the prisoner (12) (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) other: Applicant fails to make clear why he has filed the habeas corpus petition in the District of Colorado instead of the Northern District of Texas, Abilene Division. 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. § 2241 (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 Applicant fails to cure the designated deficiencies within thirty (30) days from the date of this order, the action will be dismissed 2 without further notice. The dismissal shall be without prejudice. DATED January 21, 2014, at Denver, Colorado. BY THE COURT: s/Boyd N. Boland United States Magistrate Judge 3

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