Garcia v. Maketa

Filing 3

ORDER Directing Applicant to Cure Deficiency, by Magistrate Judge Boyd N. Boland on 8/29/14. (morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02414BNB
(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.)
DEAN RAYMOND GARCIA,
Applicant,
v.
TERRY MAKETA, El Paso County Sheriff,
Respondent.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCY

Applicant, Dean Raymond Garcia, initiated this action by filing, pro se, an
Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 and paying the
$5.00 filing fee. 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.
28 U.S.C. § 1915 Motion and Affidavit:
(1)
(2)
(3)
(4)
(5)
(6)
(7)

is not submitted
is missing affidavit
is missing a certified prisoner's trust fund statement showing Applicant’s
current balance in his account
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)

(8)
(9)
(10)

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:
is not submitted
(11)
(12)
X
is not on proper form (must use the Court’s current form)
is missing an original signature by the prisoner
(13)
(14)
is missing page nos.
(15)
uses et al. instead of listing all parties in caption
(16)
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
(17)
received by the court.
(18)
names in caption do not match names in text
(19)
other:
Accordingly, it is
ORDERED that Applicant cure the deficiency 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 forms used
in filing 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. Applicant must use a Courtapproved form to cure the deficiency. It is
FURTHER ORDERED that if Applicant fails to cure the designated deficiency
within thirty days from the date of this Order the action will be dismissed without
further notice.
DATED August 29, 2014, at Denver, Colorado.
BY THE COURT:
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s/Boyd N. Boland
United States Magistrate Judge

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