Vandivere v. Denham

Filing 4

ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 5/22/14. (morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-01444-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.)

JAMES DOW VANDIVERE,
Applicant,
v.
DEBORAH DENHAM, Warden FCI Englewood,
Respondent.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Applicant, James Dow Vandivere, is in the custody of the Federal Bureau of
Prisons and currently is incarcerated at the Englewood Federal Correctional Institution
in Littleton, Colorado. Mr. Vandivere has submitted an Application for Writ of Habeas
Corpus Pursuant to 28 U.S.C. § 2241 and a Prisoner’s Motion and Affidavit for Leave to
Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas Corpus Action.
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. Mr.
Vandivere will be directed to cure the following if he wishes to pursue his claims. Any
papers that Mr. Vandivere files in response to this Order must include the civil action
number on this Order.
28 U.S.C. § 1915 Motion and Affidavit:
(1)

is not submitted (must use 10/1/13 revised form)

(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)

X

is missing affidavit
certified prisoner's trust fund statement does not cover the full 6-month
period immediately preceding this filing
is missing certified statement 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 10/1/12 revised form)
names in caption do not match names in caption of complaint, petition or
habeas application
other:

Complaint, Petition or Application:
(11)
is not submitted
(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)
other:
Accordingly, it is
ORDERED that Applicant cure the deficiencies designated above within thirty
days from the date of this Order by submitting a certified copy of his inmate trust fund
account. 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 proper Court-approved for
form for filing a 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. 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 dismissed without
further notice.

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DATED May 22, 2014, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge

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