Contreras v. People of the State of Colorado

Filing 3

ORDER Directing Applicant to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 3/20/2014. ORDERED that the Clerk of Court is directed to enter Applicant's address on the Docket as noted on Page Seven of 1 . (slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-00813-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.)

DARREN CONTRERAS,
Applicant,
v.
PEOPLE OF THE STATE OF COLORADO,
Respondent.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES

Applicant, Darren Contreras, is in the custody of the Colorado Department of
Corrections (CDOC) and currently is incarcerated at the Arkansas Valley Correctional
Facility in Crowley, Colorado. Applicant’s counsel in a separate case, submitted this
pleading for Applicant because Applicant claimed he was having difficulties sending the
pleading to this Court. Applicant’s pleading is titled, “Motion for Writ of Habeas Corpus
(1303). Applicant asserts he is a member of an Indian tribe, there was a lack of
jurisdiction by the entity that convicted him, and he seeks a release from the illegal
detention under 25 U.S.C. § 1303.
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.
First, it is not clear if Applicant is challenging a State of Colorado conviction or a
conviction entered by an Indian tribe. If Applicant is challenging his criminal conviction
entered in Denver County, Colorado, Case No. 08CR3396, see CDOC website at
Offender Search, the proper manner in which to challenge the conviction is by filing his
claims on a 28 U.S.C. § 2254 Court-approved form once he has exhausted his state
court remedies. Otherwise, if Applicant is challenging a different conviction entered by
an Indian tribe, he must provide specific information to the Court stating the case
number, the jurisdiction where the conviction was entered, the date he was convicted, if
he is in tribal custody, and the reasons he is challenging the conviction.
Also, pursuant to 28 U.S.C. § 2243, a § 2254 application for writ of habeas
corpus is directed to the person who has custody of the detained person. Therefore,
Applicant is directed to name as Respondent the custodian of the facility where he is
incarcerated along with the attorney general of the State of Colorado if he will be filing a
§ 2254 action.

28 U.S.C. § 1915 Motion and Affidavit:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)

X

is not submitted
is missing affidavit
is missing certified copy of prisoner's trust fund statement for the 6-month
period immediately preceding this filing
the account statement showing the current balance in Applicant’s prison
account is not certified
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.
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(10)

X

Only an original has been received.
other: In the alternative Applicant can pay the $5 filing fee; must pay the
fee or in the alternative submit a request to proceed § 1915 whether is
filing pursuant to 25 U.S.C. § 1303 or 28 U.S.C. § 2254.

Complaint, Petition or Application:
(11)
is not submitted
(12)
X
is not on proper form (must use the Court’s current form if challenging a
state conviction)
(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 deficiencies 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. § 2254 and a
Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a
Habeas Corpus Action (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 days from the date of this Order the action will be dismissed without
further notice. It is
FURTHER ORDERED that the Clerk of the Court is directed to enter
Applicant’s address on the Docket as noted on Page Seven of ECF No. 1, which is
3

the letter submitted to the Court by the law firm that is representing Applicant in a
separate case.
DATED March 20, 2014, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge

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