Boetger v. Burnell et al
Filing
4
ORDER Directing Applicant To Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 03/05/14. (nmarb, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-00675-BNB
MICHAEL A. BOETGER,
Applicant,
v.
ACTING WARDEN BURNELL, Buena Vista Correctional [Facility], and
JOHN W. SUTHERS, the Attorney General of the State of Colorado,
Respondents.
ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES
Applicant, Michael A. Boetger, is a prisoner in the custody of the Colorado
Department of Corrections who currently is incarcerated at the correctional facility in
Buena Vista, Colorado. He has submitted pro se an Application for Writ of Habeas
Corpus Pursuant to 28 U.S.C. § 2254 (ECF No. 1) and a Prisoner’s Motion and Affidavit
for Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas Corpus Action (ECF
No. 3). As part of the court’s review pursuant to D.C.COLO.LCivR 8.1(b), 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 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
(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)
(5)
(6)
(7)
(8)
(9)
X
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)
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:
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 (30) days from the date of this order, the action will be dismissed
without further notice. The dismissal shall be without prejudice.
DATED March 5, 2014, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge
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