Holmes v. People of the State of Colorado, The

Filing 5

SECOND ORDER Directing Plaintiff to Cure Deficiency, by Magistrate Judge Boyd N. Boland on 6/10/2014. (slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

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

SECOND ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCY

Applicant, a Colorado state prisoner, initiated this action by filing pro se a “Motion
for 60 Day Extension of Time to File Habeas Corpus” (ECF No. 1). On May 7, 2014, the
court entered an order directing Applicant to cure certain deficiencies if he wishes to
pursue his claims in this action. In particular, the court directed Applicant to submit on
the proper form an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. §
2254 and either to pay the $5.00 filing fee or to submit on the proper form a Prisoner’s
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas
Corpus Action along with a certificate showing the balance in his inmate account.
On May 22, 2014, Applicant filed in this action a “Notice to the Court & Affidavit of
Truth and Fact” (ECF No. 4) in which he alleges he has been unable to obtain a
certificate showing the balance in his inmate account from prison officials. However,
even assuming Applicant is unable to obtain a certificate showing the balance in his
inmate account, Applicant also has failed to cure the other deficiencies in this action

because he has not filed on the proper form an application for a writ of habeas corpus
and he has not filed on the proper form a motion seeking leave to proceed in forma
pauperis pursuant to 28 U.S.C. § 1915. Applicant will be given one more opportunity to
cure the deficiencies in this action as previously directed. If Applicant is unable to
obtain a certificate showing the balance in his inmate account as directed, he still must
cure the other deficiencies. Applicant also must provide an explanation that details the
specific steps he has taken to obtain the required certificate and why he is unable to
obtain the required certificate. Accordingly, it is
ORDERED that Applicant cure the deficiencies in this action within thirty (30)
days from the date of 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),
along with the applicable instructions, at www.cod.uscourts.gov. It is
FURTHER ORDERED that, if Applicant fails to cure the deficiencies within the
time allowed, the action will be dismissed without further notice. The dismissal shall be
without prejudice.
DATED June 10, 2014, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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