Griffin v. Officer Serial #506047

Filing 4

ORDER Directing Applicant to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 7/9/14. (morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01903-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.)
ARTHUR JAMES GRIFFIN JR.,
Applicant,
v.
WITNESS: BOOKING OFFICER, Serial # 506047, and
THE ATTORNEY GENERAL FOR THE STATE OF COLORADO,
Respondents.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES

Applicant, Arthur James Griffin Jr., initiated this action by filing an Application for
a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 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.
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.
Rule 4 of the Rules Governing Section 2254 Cases in the United States District
Courts requires that Applicant go beyond notice pleading. See Blackledge v. Allison,
431 U.S. 63, 75 n.7 (1977). Naked allegations of constitutional violations devoid of
factual support are not cognizable in a federal habeas action. See Ruark v. Gunter, 958
F.2d 318, 319 (10th Cir. 1992) (per curiam). Applicant must allege on the Court-

approved form both the claims he seeks to raise and the specific facts to support each
asserted claim. The Court has reviewed the Application submitted to the Court on July
8, 2014, and finds that it is deficient, because Applicant fails to assert on Pages Two
through Four a statement of the claims he intends to raise in this Court. Also, because
Applicant’s criminal case has not proceeded to trial and he is not challenging a
conviction and sentence his claims more properly are raised pursuant to 28 U.S.C.
§ 2241.

Furthermore, pursuant to 28 U.S.C. § 2243 an application for writ of habeas
corpus is directed to the person who has custody of the detained person. Therefore,
Applicant is directed to name as Respondent the custodian of the facility where he is
incarcerated. Finally, Applicant has failed to submit an account statement showing his
current balance that is certified by a prison official.
28 U.S.C. § 1915 Motion and Affidavit:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)

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
the account statement showing the current balance in Applicant’s prison
account is not certified
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
An original and a copy have not been received by the court.
Only an original has been received.
other:

Complaint, Petition or Application:
(11)
is not submitted
(12)
X
is not on proper form (must use the Court’s current form for filing 28
U.S.C. § 2241 actions)
(13)
is missing an original signature by the prisoner
2

(14)
(15)
(16)
(17)
(18)
(19)

X

is missing page nos.
uses et al. instead of listing all parties in caption
An original and a copy have not been received by the court. Only an
original has been received.
Sufficient copies to serve each defendant/respondent have not been
received by the court.
names in caption do not match names in text
other: Fails to name the correct Respondent and to state the claims he
intends to raise in this Court.

Accordingly, it is
ORDERED that Applicant cure the deficiencies designated above within thirty
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 used
in filing an Application for 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. Applicant must use a Courtapproved form to cure deficiencies. 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.
DATED July 9, 2014, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge

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