Dudley v. Miller
Filing
5
ORDER Directing Applicant to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 4/11/2014. (slibi, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01020-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.)
MARVIN S. DUDLEY, JR.,
Applicant,
v.
MIKE MILLER, Warden, Crowley County Correctional Facility,
Respondent.
ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES
Applicant, Marvin S. Dudley, Jr., initiated this action by filing a pleading titled,
“Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 and Complaint
Pursuant to 28 [sic] U.S.C. § 1983,” in which he requests immediate release from
custody and money damages. Applicant also submitted a Prisoner’s Motion and
Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas Corpus Action.
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.
Applicant also is directed that he may not raise § 1983 claims in a habeas action.
If he desires to raise § 1983 claims he must do so in a separate 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
prisoner's trust fund statement 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.
Only an original has been received.
other:
Complaint, Petition or Application:
(10)
is not submitted
(11)
X
is not on proper form (must use a Court-approved form)
(12)
is missing an original signature by the prisoner
is missing page nos.
(13)
(14)
uses et al. instead of listing all parties in caption
(15)
An original and a copy have not been received by the court. Only an
original has been received.
(16)
Sufficient copies to serve each defendant/respondent have not been
received by the court.
names in caption do not match names in text
(17)
(18)
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. § 2241 (with the
assistance of his case manager or the facility’s legal assistant), along with the
applicable instructions, at www.cod.uscourts.gov. for use in curing deficiencies. It is
FURTHER ORDERED that if Applicant fails to cure the designated deficiencies
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within thirty days from the date of this Order the action will be dismissed without
further notice.
DATED April 11, 2014, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge
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