Hovey v. People of the State of Colorado, et al.

Filing 17

ORDER DIRECTING PETITIONER TO CURE DEFICIENCIES by Magistrate Judge Gordon P. Gallagher on 7/20/15. (dkals, ) Modified on 7/20/2015 to note that this was filed in error, and doesn't apply to this case (dkals, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01543-GPG
(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 WIGGINS,
Petitioner,
v.
BRAD HOOKS,
Respondents.

ORDER DIRECTING PETITIONER TO CURE DEFICIENCIES

Petitioner, Kenneth Wiggins, is incarcerated in a Georgia state prison. Mr.
Wiggins filed a Petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 in the
United States District Court for the Southern District of Georgia challenging a detainer
lodged by the State of Colorado. The Petition was transferred to this Court on July 17,
2015. A challenge to a state detainer normally is filed 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.
Petitioner will be directed to cure the following if he wishes to pursue his claims. 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

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

(4)
(5)
(6)

X

(7)
(8)
(9)

X

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
other: § 1915 Motion and Affidavit is necessary only if $5.00 filing fee is
not paid in advance.

Complaint, Petition or Application:
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)

X

__

is not submitted
is not on proper form (must use the court’s current 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 the Mr. Wiggins cure the deficiencies designated above within
thirty (30) days from the date of this order. Any papers which the Petitioner files in
response to this order must include the civil action number on this order. It is
FURTHER ORDERED that the Clerk of the Court shall mail to Petitioner copies
of the court-approved forms for filing an Application for a Writ of Habeas Corpus
Pursuant to 28 U.S.C. § 2241 and Prisoner’s Motion and Affidavit for Leave to Proceed
Pursuant to 28 U.S.C. § 1915 in a Habeas Corpus Action, along with the applicable
instructions. It is
FURTHER ORDERED that, if Petitioner fails to cure the designated deficiencies
within thirty (30) days from the date of this order, the Petition and the

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action will be dismissed without further notice. The dismissal shall be without prejudice.
DATED: July 20, 2015, at Denver, Colorado.
BY THE COURT:

s/ Gordon P. Gallagher
United States Magistrate Judge

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