Gray v. Falk et al

Filing 3

ORDER Directing Applicant to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 6/11/14. (morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-01639-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.)
CODY LEN GRAY,
Applicant,
v.
JAMES FALK, Warden of SCF, and
THE ATTORNEY GENERAL OF THE STATE OF COLORADO,
Respondent.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES

Applicant, Cody Len Gray, is a prisoner in the custody of the Colorado
Department of Corrections who currently is incarcerated at the correctional facility in
Sterling, Colorado. He has submitted pro se an Application for Writ of Habeas Corpus
Pursuant to 28 U.S.C. § 2254 (ECF No. 1). As part of the court’s review pursuant to
D.C.COLO.LCivR 8.1(b), the court has determined that the submitted document is
deficient as described in this order. Applicant will be directed to cure the following if he
wishes to pursue any claims in this court in this action. 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)
X
(2)
is missing affidavit
(3)
is missing certified copy of prisoner’s trust fund statement for the 6-month
period immediately preceding this filing
(4)
X
is missing certificate showing current balance in prison account

(5)
(6)
(7)
(8)
(9)

X

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 and certificate showing current balance
in prison account only are necessary if $5.00 filing fee is not paid in
advance

Complaint, Petition or Application:
(10)
is not submitted
is not on proper form
(11)
(12)
is missing an original signature by the prisoner
(13)
is missing page nos.
(14)
uses et al. instead of listing all parties in caption
(15)
names in caption do not match names in text
(16) __
addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition or habeas application
other:
(17)
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 form for
filing 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, and use that form in curing the designated deficiencies. It is
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

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without further notice. The dismissal shall be without prejudice.
DATED June 11, 2014, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge

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