Holmes v. People of the State of Colorado, The

Filing 3

ORDER Directing Applicant to Cure Deficiences, by Magistrate Judge Boyd N. Boland on 5/07/2014. (slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-01280-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.)
J. LEE HOLMES,
Applicant,
v.
PEOPLE OF THE STATE OF COLORADO,
Respondent.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES

Applicant, a Colorado state prisoner, has submitted a “Motion for a 60 Day
Extension of Time to File Habeas Corpus” (ECF No. 1). The motion will be denied
without prejudice because Applicant cites no authority that would allow the court to
grant an extension of time to file a habeas corpus action. However, the instant action
has been commenced because it appears that Applicant intends to seek habeas corpus
relief. As part of the court’s review pursuant to D.C.COLO.LCivR 8.1(b), the court has
determined that Applicant must cure the following if he wishes to pursue any claims. If
Applicant does not intend to pursue a habeas corpus action in this court at this time, he
should advise the court of that fact and the instant action will be dismissed. 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)

xx

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

xx

(10)

xx

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 authorization to calculate and disburse filing fee payments
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: motion and supporting documents are necessary only if $5.00 filing
fee is not paid in advance.

Complaint, Petition or Application:
(11) xx
is not submitted
is not on proper form
(12)
(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)
names in caption do not match names in text
addresses must be provided for all defendants/respondents in “Section A.
(17)
Parties” of complaint, petition or habeas application
(18)
other:
.
Accordingly, it is
ORDERED that the “Motion for a 60 Day Extension of Time to File Habeas
Corpus” (ECF No. 1) is denied without prejudice. It is
FURTHER 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 Prisoner’s
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas
Corpus Action and Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. §
2254 forms (with the assistance of his case manager or the facility’s legal assistant),
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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 (30) days from the date of this order, the action will be dismissed
without further notice. The dismissal shall be without prejudice.
DATED May 7, 2014, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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