Ellsworth v. Denham

Filing 4

ORDER Directing Applicant to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 5/20/2014. (slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-01361-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.)
JOSEPH A. ELLSWORTH,
Applicant,
v.
WARDEN DEBORAH DENHAM,
Respondent.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES

Applicant, Joseph A. Ellsworth, currently is incarcerated at the Federal
Correctional Institution Englewood in Littleton, Colorado. He submitted pro se an
Application for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (ECF No. 1). 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:
(1)
X
is not submitted
(2)
is missing affidavit
is missing certified copy of prisoner’s trust fund statement for the 6-month
(3)
period immediately preceding this filing
(4)
X
is missing certificate showing current balance in prison account
is missing required financial information
(5)

(6)
(7)
(8)
(9)

X

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: § 1915 motion and affidavit and certificate showing current balance
in prison account only are necessary if $5.00 filing fee is not paid in
advance

Complaint, Petition or Application:
is not submitted
(10)
(11)
is not on proper form
is missing an original signature by the prisoner
(12)
(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
(17)
other:
Accordingly, it is
ORDERED that Applicant, Joseph A. Ellsworth, 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 a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. §
1915 in a Habeas Corpus Action (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.
Alternatively, Applicant may pay the $5.00 filing fee in advance. It is
FURTHER ORDERED that, if Applicant fails to cure the designated deficiencies
within thirty (30) days from the date of this order, the application will be denied and
the action dismissed without further notice. The dismissal shall be without prejudice.
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DATED May 20, 2014, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge

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