Garcia v. Trani et al

Filing 4

ORDER Directing Applicant to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 04/01/14. (nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-00918-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.)
MICHAEL GARCIA,
Applicant,
v.
STATE OF COLORADO, and
THE ATTORNEY GENERAL OF THE STATE OF COLORADO,
Respondents.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES

Applicant, Michael Garcia, is a prisoner in the custody of the Colorado
Department of Corrections and currently is incarcerated at the Centennial Correctional
Facility in Cañon City, Colorado. Mr. Garcia has submitted an Application for a 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.
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. Mr.
Garcia will be directed to cure the following if he wishes to pursue his claims. Any
papers that Mr. Garcia files in response to this Order must include the civil action
number on this Order.

Rule 4 of the Rules Governing Section 2254 Cases in the United States District
Courts requires that Mr. Garcia go beyond notice pleading. See Blackledge v. Allison,
431 U.S. 63, 75 n.7 (1977). Naked allegations of constitutional violations devoid of
factual support are not cognizable in a federal habeas action. See Ruark v. Gunter, 958
F.2d 318, 319 (10th Cir. 1992) (per curiam). Mr. Garcia must allege on the
Court-approved form both the claims he seeks to raise and the specific facts to
support each asserted claim. The Court has reviewed the Application submitted to the
Court on March 31, 2014, and finds that it is deficient. Mr. Garcia fails to assert on
Pages Two through Four a statement of the claims he intends to raise in this Court.
Applicant also is instructed that pursuant to 28 U.S.C. § 2243 an 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.
28 U.S.C. § 1915 Motion and Affidavit:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)

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
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
An original and a copy have not been received by the court.
Only an original has been received.
other:

Complaint, Petition or Application:
(11)
is not submitted
(12)
is not on proper form (must use the court’s current form)
2

(13)
(14)
(15)
(16)
(17)
(18)
(19)

X

is missing an original signature by the prisoner
is missing page nos.
uses et al. instead of listing all parties in caption
An original and a copy have not been received by the court. Only an
original has been received.
Sufficient copies to serve each defendant/respondent have not been
received by the court.
names in caption do not match names in text
other: Court-approved habeas form must include statement of claims on
Pages Two through Four and name proper Respondent

Accordingly, it is
ORDERED that Mr. Garcia cure the deficiencies designated above within thirty
days from the date of this Order. Any papers that Mr. Garcia files in response to this
Order must include the civil action number on this Order. It is
FURTHER ORDERED that Mr. Garcia shall obtain the Court-approved form used
in filing a 28 U.S.C. § 2254 action, (with the assistance of his case manager or the
facility’s legal assistant), along with the applicable instructions, at www.cod.uscourts.gov
to use in submitting a proper § 2254 application. It is
FURTHER ORDERED that, if Mr. Garcia fails to cure the designated deficiencies
within thirty days from the date of this Order, the action will be dismissed without
further notice.
DATED April 1, 2014, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge

3