Robles-Martinez v. People of the State of Colorado, The et al

Filing 3

ORDER Directing Applicant to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 04/29/14. (nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-01175-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.)
MIGUEL ROBLES-MARTINEZ,
Applicant,
v.
THE PEOPLE OF THE STATE OF COLORADO, and
THE ATTORNEY GENERAL OF THE STATE OF COLORADO,
Respondents.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES

Applicant, Miguel Robles-Martinez, currently is incarcerated at the Fremont
Correctional Facility in Canon City, Colorado. He has submitted pro se a Petition under
29 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody (ECF No. 1)
challenging his conviction and sentence. He has paid the $5.00 filing fee. 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:
is not submitted
(1)
(2)
is missing affidavit
is missing certified copy of prisoner’s trust fund statement for the 6-month
(3)

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

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
other:

Complaint, Petition or Application:
(10)
is not submitted
is not on proper form
(11)
X
(12)
X
is missing an original signature by the prisoner
(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
other: The only proper Respondent in a habeas corpus action is
(17)
X
Applicant’s current warden, superintendent, jailer or other custodian.
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 form for
filing an Application for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 (with the
assistance of his case manager or the facility’s legal assistant), along with the
applicable instructions, at www.cod.uscourts.gov, and use that form in curing the
designated deficiencies. 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.
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DATED April 29, 2014, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge

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