Banks v. Oliver

Filing 3

ORDER Directing Applicant to Cure Deficiency, by Magistrate Judge Boyd N. Boland on 2/25/2014. (slibi, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 14-cv-00471-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.) DERRICK J. BANKS, Applicant, v. J. OLIVER, Warden, Respondent. ORDER DIRECTING APPLICANT TO CURE DEFICIENCY Applicant, Derrick J. Banks, is in the custody of the Federal Bureau of Prisons and currently is incarcerated at the United States Penitentiary in Florence, Colorado. Applicant has submitted a Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241 and has paid the $5 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 documents are 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) is not submitted (2) (3) (4) (5) (6) (7) (8) (9) (10) is missing affidavit is missing certified copy of prisoner's trust fund statement for the 6-month period immediately preceding this filing is missing a certified account statement showing the current balance in Applicant’s 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 An original and a copy have not been received by the court. Only an original has been received. other: Complaint, Petition or Application: is not submitted (11) (12) X is not on proper form (must use the Court’s current form) (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) An original and a copy have not been received by the court. Only an original has been received. (17) Sufficient copies to serve each defendant/respondent have not been received by the court. names in caption do not match names in text (18) (19) other: Accordingly, it is ORDERED that Applicant cure the deficiency 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 form used in 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 2 FURTHER ORDERED that if Applicant fails to cure the designated deficiency within thirty days from the date of this Order the action will be dismissed without further notice. DATED February 25, 2014, at Denver, Colorado. BY THE COURT: s/Boyd N. Boland United States Magistrate Judge 3

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