Fontana v. No Named Respondent

Filing 3

ORDER Directing Applicant to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 3/05/2014. (slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-00684-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.)
MARCUS ABRAMO FONTANA,
Applicant,
v.
[NO RESPONDENT NAMED],
Respondent.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES

Applicant, a Colorado state prisoner, has submitted a letter to the court (ECF No.
1) alleging that he was falsely convicted and demanding to be released from
incarceration. Because Applicant seeks to be released from custody, this habeas
corpus action has been commenced. As part of the court’s review pursuant to
D.C.COLO.LCivR 8.1(b), the court has determined that the letter is deficient as
described in this order. Applicant will be directed to cure the following if he wishes to
pursue his claims. If Applicant does not intend to pursue a habeas corpus action in this
court at this time, he should advise the court of that fact and the instant action will be
dismissed. 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:
is not submitted
(1)
xx
(2)
is missing affidavit

(3)
(4)
(5)
(6)
(7)
(8)
(9)

xx

(10)

xx

is missing certified copy of prisoner’s trust fund statement for the 6-month
period immediately preceding this filing
is missing certificate showing current balance in prison account
is missing required financial information
is missing authorization to calculate and disburse filing fee payments
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: 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) xx
(12)
is not on proper form
(13)
is missing an original signature by the prisoner
is missing page nos.
(14)
(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
other:
.
(18)
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 Applicant shall obtain the court-approved Prisoner’s
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas
Corpus Action and Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. §
2254 forms (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 (30) days from the date of this order, the action will be dismissed
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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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