Ashley v. Travis Trani, et al

Filing 3

ORDER Directing Applicant to Cure Deficiency, by Magistrate Judge Boyd N. Boland on 01/28/14. (nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-00239-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.)
MARK ASHLEY,
Applicant,
v.
[NO NAMED RESPONDENT]
Respondent.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCY

Applicant, Mark Ashely, is a prisoner in the custody of the Colorado Department
of Corrections incarcerated at the Colorado State Penitentiary in Canon City, Colorado.
Applicant has submitted a letter regarding filing an Application for a Writ of Habeas
Corpus Pursuant to 28 U.S.C. § 2254.
As part of the Court’s review pursuant to D.C.COLO.LCivR 8.1, 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 his claims. 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
account statement does not include the current balance in Applicant’s
prison account and is not certified

(5)
(6)
(7)
(8)
(9)
(10)

X

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
An original and a copy have not been received by the court.
Only an original has been received.
other: § 1915 motion is necessary only if $5.00 filing fee is not paid in
advance.

Complaint, Petition or Application:
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)

X

is not submitted
is not on proper form (must use the Court’s current form)
is missing an original signature by the prisoner
is missing page nos.
uses et al. instead of listing all parties in caption
An original and a copy have not been received by the court. Only an
original has been received.
Sufficient copies to serve each defendant/respondent have not been
received by the court.
names in caption do not match names in text
other:

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 Court-approved forms used
for filing an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 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 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 28, 2014, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge

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