Compito v. Falk et al

Filing 7

ORDER Directing Applicant to File Amended Application, by Magistrate Judge Boyd N. Boland on 3/03/2014. (slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-00422-BNB
EMMITT JAMES COMPITO,
Applicant,
v.
FRANCES FALK, and
JOHN SUTHERS, The Attorney General of the State of Colorado,
Respondents.

ORDER DIRECTING APPLICANT TO FILE AMENDED APPLICATION

Applicant, Emmitt James Compito, is a prisoner in the custody of the Colorado
Department of Corrections who currently is incarcerated at the Limon Correctional
Facility in Limon, Colorado. Applicant filed pro se an Application for a Writ of Habeas
Corpus Pursuant to 28 U.S.C. § 2254. The Court must construe the Application liberally
because Applicant is a pro se litigant. See Haines v. Kerner, 404 U.S. 519, 520-21
(1972); Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991). The Court, however,
should not act as a pro se litigant’s advocate. See Hall, 935 F.2d at 1110. For the
reasons stated below, Applicant will be ordered to file an Amended Application.
The Federal Rules of Civil Procedure apply to applications for habeas corpus
relief. See Fed. R. Civ. P. 81(a)(2); Browder v. Director, Dep’t of Corrections, 434 U.S.
257, 269 (1978); Ewing v. Rodgers, 826 F.2d 967, 969-70 (10th Cir. 1987). Pursuant to
Fed. R. Civ. P. 8(a), a pleading “must contain (1) a short and plain statement of the
grounds for the court’s jurisdiction, . . . (2) a short and plain statement of the claim
showing that the pleader is entitled to relief, and (3) a demand for the relief sought.”

Fed. R. Civ. P. 8(d)(1) provides that “[e]ach allegation must be simple, concise, and
direct.” Taken together, Rules 8(a) and (d)(1) underscore the emphasis placed on
clarity and brevity by the federal pleading rules.
Only one of Applicant’s claims is set forth in the Claims section of the Courtapproved form, but this claim does not state specifically what constitutional right was
violated. Applicant also raises other claims under Claim One that appear to be separate
claims and identifies these claims either alphabetically or numerically. Applicant’s
claims are not stated simply and concisely. Applicant is directed to use the Application
form for his Amended Applicant and state all of his claims in the Claims section of the
form and format any additional pages that he needs to state his claims the same as the
form. Accordingly, it is
ORDERED that within thirty days from the date of this Order Applicant file an
Amended Application that complies with this Order. It is
FURTHER ORDERED that Applicant shall obtain the Court-approved 28 U.S.C.
§ 2254 Application form (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 within the time allowed to file an
Amended Application as directed the Court may dismiss the action without further
notice.
DATED March 3, 2014, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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