Fields v. Johnson

Filing 4

ORDER Directing Applicant To Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 6/4/14. (nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-01569-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.)
TROY LAMONTE FIELDS,
Applicant,
v.
DAVID JOHNSON, Warden of: Denver Reception Diagnostic Center, and
RICK RAEMISCH, Executive Directors of: Colorado Department of Corrections,
Respondents.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES

Applicant, a state prisoner currently detained at the Denver Reception &
Diagnostic Center, has filed pro se a “Petition for Writ of Habeas Corpus Pursuant to 28
U.S.C. § 2241 and § 2242, for the Petitioner is Illegally Being Held and Detained in the
Colorado Department of Corrections under Restraint and Detention in Violation of the
State and United States Laws and Constitution of Law” (ECF No. 1) and a Prisoner’s
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 (ECF No. 2).
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. 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:
is not submitted
(1)
(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)
xx
is missing certificate showing current balance in prison account
is missing required financial information
(5)
(6)
is missing authorization to calculate and disburse filing fee payments
(7)
xx
is missing an original signature by the prisoner
(8)
xx
is not on proper form (must use the court’s form for filing a § 1915 motion
and affidavit in a Habeas Corpus Action)
names in caption do not match names in caption of complaint, petition or
(9)
habeas application
(10)
other:
Complaint, Petition or Application:
(11)
is not submitted
(12) xx
is not on proper form (must use the court’s current form for filing a § 2241
application)
(13)
is missing an original signature by the prisoner
is missing page nos.
(14)
(15)
uses et al. instead of listing all parties in caption
(16)
names in caption do not match names in text
(17)
addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition or habeas application
other: The only proper Respondent in a habeas corpus action is
(18) xx
Applicant’s current warden, superintendent, jailer or other custodian.
Accordingly, it is
ORDERED that Applicant 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 forms for
filing a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. §
1915 in a Habeas Corpus Action and an Application for a Writ of Habeas Corpus
Pursuant to 28 U.S.C. § 2241 (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
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FURTHER ORDERED that, if Applicant fails to cure the designated deficiencies
within thirty (30) days from the date of this order, the action will be dismissed
without further notice. The dismissal shall be without prejudice.
DATED June 4, 2014, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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