Mogavero v. Cozza-Rhodes

Filing 4

ORDER Directing Applicant to Cure Deficiency, by Magistrate Judge Boyd N. Boland on 8/28/2014. (slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-02381-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.)
JOSEPH MOGAVERO,
Applicant,
v.
T.K. COZZA-RHODES,
Respondent.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCY

Applicant, an inmate at the Federal Correctional Institution in Florence, Colorado,
has submitted to the court an Application for a Writ of Habeas Corpus Pursuant to 28
U.S.C. § 2241 (ECF No. 1) and a “Prisoner’s Motion and Affidavit for Leave to Proceed
Pursuant to 28 USC 1915 in Support of Application for a Writ of Habeas Corpus
Pursuant to 28 USC 2241” (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 any claims 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:
(1)
is not submitted
(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)
(5)
(6)
(7)
(8)
(9)
(10)

xx

is missing certificate showing current balance in prison account
is missing required financial information
is missing authorization to calculate and disburse filing fee payments
is missing an original signature by the prisoner
is not on proper form (must use the court-approved form)
names in caption do not match names in caption of complaint, petition or
habeas application
other:
.

Complaint, Petition or Application:
(11)
is not submitted
is not on proper form
(12)
(13)
is missing an original signature by the prisoner
(14)
is missing page nos.
(15)
uses et al. instead of listing all parties in caption
(16)
names in caption do not match names in text
addresses must be provided for all defendants/respondents in “Section A.
(17)
Parties” of complaint, petition or habeas application
(18)
other:
.
Accordingly, it is
ORDERED that Applicant cure the deficiency 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 Prisoner’s
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 form (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 Applicant fails to cure the designated deficiency
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 August 28, 2014, at Denver, Colorado.
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BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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