Hughes v. Oliver
Filing
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ORDER Directing Applicant to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 5/27/14. (morti, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01442-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.)
JERRY LOUIS HUGHES,
Applicant,
v.
JOHN OLIVER, Warden, USP-Florence High,
Respondent.
ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES
Applicant, Jerry Louis Hughes, is a prisoner in the Federal Bureau of Prisons and
currently is incarcerated at United States Penitentiary in Florence, Colorado. Applicant
submitted a sixty-page Petition for Writ of Habeas Corpus on May 21, 2014. Applicant
also submitted a Prisoner’ Motion and Affidavit for Leave to Proceed Pursuant to 28
U.S.C. § 1915 in a Habeas Corpus Action. Applicant asserts that he is filing this action
pursuant to 28 U.S.C. § 2241.
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)
(4)
(5)
(6)
(7)
(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 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: The prisoner account statement is not current. The statement is
dated April 16, 2014, and the pleading was submitted to the Court over a
month later.
Complaint, Petition or Application:
(11)
is not submitted
(12)
X
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. § 2241 action (with the assistance of his case manager or the
facility’s legal assistant), along with the applicable instructions, at
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www.cod.uscourts.gov. 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 subject to dismissal
without further notice.
DATED May 27, 2014, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge
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