Harland v. No Named Respondent

Filing 3

ORDER Directing Applicant To Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 05/01/14. (nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-01248-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.)
PAUL HARLAND,
Applicant,
v.
[NO NAMED RESPONDENT],
Respondent.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES

Applicant, Paul Harland, is a prisoner in the custody of the Colorado Department
of Corrections and currently is incarcerated at the Arkansas Valley Correctional Facility
in Ordway, Colorado. Applicant submitted a Letter to the Court On April 30, 2014. The
Letter indicates Applicant intends to challenge the validity of his state criminal conviction
in Case No. 03CR2876. Applicant asks the Court for a stay so that he may pursue a
Colo. R. Crim. P. 35(c) action in state court. Applicant must have an action before this
Court for any request to be considered. The Court, therefore, construes this action as
filed pursuant to 28 U.S.C. § 2254.
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.
28 U.S.C. § 1915 Motion and Affidavit:
(1)
(2)
(3)

X

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

X

(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: In the alternative pay the $5 filing fee

Complaint, Petition or Application:
(11)
X
is not submitted
(12)
is not on proper form (must use the court’s current form)
is missing an original signature by the prisoner
(13)
(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.
Sufficient copies to serve each defendant/respondent have not been
(17)
received by the court.
(18)
names in caption do not match names in text
(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 a 28 U.S.C. § 2254 action and 28 U.S.C. § 1915 motion in a habeas 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
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application. 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.
DATED May 1, 2014, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge

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