Smith v. Oliver

Filing 5

ORDER Directing Applicant to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 2/24/2014. (slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-00452-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.)
HORATIO DEMARIOUS SMITH,
Applicant,
v.
JOHN C. OLIVER,
Respondent.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES

Applicant filed pro se a Petition for a Writ of Habeas Corpus Pursuant to 28
U.S.C. § 2241 in the United States District Court for the District of Pennsylvania. The
action was transferred to this Court on February 21, 2014 because Applicant is
incarcerated at USP-Florence, Colorado. Upon review pursuant to D.C.COLO.LCivR
8.1(b), 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)
xx
is not submitted
(2)
is missing affidavit
is missing certified copy of prisoner’s trust fund statement for the 6-month
(3)
period immediately preceding this filing
(4)
xx
is missing certificate showing current balance in prison account
is missing required financial information
(5)
(6)
xx
is missing authorization to calculate and disburse filing fee payments
is missing an original signature by the prisoner
(7)

(8)
(9)

(10)

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
xx

other: motion and supporting documents are necessary only if $5.00 filing
fee is not paid in advance.

Complaint, Petition or Application:
is not submitted
(11)
(12) xx
is not on proper form (must use the Court’s current 28 U.S.C. § 2241 form
for challenging validity of conviction and sentence)
(13)
is missing an original signature by the prisoner
(14)
is missing page nos.
(15)
uses et al. instead of listing all parties in caption
(16)
names in caption do not match names in text
(17)
addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition or habeas application
(18) xx
other: Must name current warden as Respondent.
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, if Applicant fails to cure the designated deficiencies
within thirty days from the date of this Order, the action will be dismissed without
further notice.
DATED February 24, 2014, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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