Lara v. People of the United States

Filing 3

ORDER Directing Applicant to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 5/8/14. (morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01295-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.)

RAYMOND LARA,
Applicant
v.
PEOPLE OF THE UNITED STATES,
Respondent.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES

Applicant, Raymond Lara, is in the custody of the Colorado Department of
Corrections and currently is incarcerated at the Limon Correctional Facility in Limon,
Colorado. Applicant has submitted a request asking that the Court toll the one-year
limitation period for filing his 28 U.S.C. § 2254 action in this Court. The request will be
denied without prejudice because Applicant cites no authority that would allow the Court
to toll the one-year limitation period to file a habeas corpus action. However, the instant
action has been commenced because it appears that Applicant intends to seek federal
habeas corpus relief.
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 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)

X

(8)
(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 certified statement 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 used in filing
habeas actions)
names in caption do not match names in caption of complaint, petition or
habeas application
is missing authorization to calculate and disburse filing fee payments
other: Motion and supporting documents are necessary only if $5.00 filing
fee is not paid in advance.

Complaint, Petition or Application:
is not submitted
(11)
X
(12)
is not on proper form (must use the Court’s current form)
(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
names in caption do not match names in text
(16)
(17)
A addresses must be provided for all defendants/respondents in “Section
A. Parties” of complaint, petitioner or habeas application
(18)
X
other: The only proper Respondent in a habeas corpus action is
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 forms used
in filing a 28 U.S.C. § 2254 application and a 28 U.S.C. § 1915 motion in a habeas
action, if necessary, (with the assistance of his case manager or the facility’s legal
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assistant), 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 8, 2014, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge

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