Benson v. No Named Defendants

Filing 3

ORDER Directing Petitioner To Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 6/2/14. (nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01506-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.)
KENNETH E. BENSON,
Petitioner,
v.
[NO NAMED RESPONDENT],
Respondent.

ORDER DIRECTING PETITIONER TO CURE DEFICIENCIES

On May 30, 2014, Mr. Benson, a Colorado State Prisoner who is incarcerated
currently at the Crowley County Correctional Facility, filed a Letter with the Court
complaining about a warrant lodged against him by Illinois authorities, which he states is
preventing him from receiving a halfway house placement. As part of the Court’s review
pursuant to D.C.COLO.LCivR 8.1(b), the Court has determined that the documents are
deficient as described in this Order. Petitioner will be directed to cure the following if he
wishes to pursue any claims in this Court in this action. Any papers that Petitioner 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)

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

(6)
(7)
(8)
(9)
(10)

x

is missing authorization to calculate and disburse filing fee payments
is missing an original signature by the prisoner
is not on proper form
names in caption do not match names in caption of complaint, petition or
habeas application
other: Petitioner may pay the $5.00 filing fee in lieu of filing a
§ 1915 Motion and Affidavit.

Complaint, Petition or Application:
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)

x

is not submitted
is not on proper form
is missing an original signature by the prisoner
is missing page nos.
uses et al. instead of listing all parties in caption
names in caption do not match names in text
addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition or habeas application
other:

Accordingly, it is
ORDERED that Petitioner cure the deficiencies designated above within thirty
days from the date of this Order. Any papers that Petitioner files in response to this
Order must include the civil action number on this Order. It is
FURTHER ORDERED that Petitioner shall obtain copies of the forms for filing an
Application for a 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 (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 Petitioner fails to cure the designated deficiencies,
within thirty days from the date of this Order, the action will be dismissed without
further notice.
DATED June 2, 2014, at Denver, Colorado.
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BY THE COURT:

s/ Boyd N. Boland
United States Magistrate Judge

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