Cousett v. People of Colorado, The et al

Filing 3

ORDER Directing Applicant to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 9/23/14. (morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02615-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.)
PRESTON COUSETT,
Applicant,
v.
THE PEOPLE OF COLORADO, and
THE ATTORNEY GENERAL OF THE STATE OF COLORADO,
Respondents.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES

Applicant, Preston Cousett, is a prisoner in the custody of the Colorado
Department of Corrections and currently is incarcerated at the Skyline Correctional
Center in Canón City, Colorado. Mr. Cousett has submitted an Application for a Writ of
Habeas Corpus Pursuant to 28 U.S.C. § 2254.
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. Mr.
Cousett will be directed to cure the following if he wishes to pursue his claims. Any
papers that Mr. Cousett 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)

xx

is not submitted
is missing affidavit
is missing certified copy of prisoner's trust fund statement for the 6-month

(4)
(5)
(6)
(7)
(8)

xx

(9)
(10)

xx

period immediately preceding this filing
is missing certificate showing current balance in prison account
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: Applicant may pay the $5.00 filing fee at this time in lieu of filing a
§ 1915 Motion and Affidavit

Complaint, Petition or Application:
(11)
is not submitted
(12)
is not on proper form (must use the court’s current form)
(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)
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) xx
other: § 2254 Application does not name the proper Respondent.
Applicant must name the warden of the facility where he is incarcerated.
Accordingly, it is
ORDERED that Mr. Cousett cure the deficiencies designated above within thirty
days from the date of this Order. Any papers that Mr. Cousett files in response to this
Order must include the civil action number on this Order. It is
FURTHER ORDERED that Mr. Cousett shall obtain the Court-approved forms for
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, (with the assistance of his case manager or the facility’s legal
assistant), along with the applicable instructions, at www.cod.uscourts.gov and shall use
these forms to cure the deficiencies described in this Order. It is
2

FURTHER ORDERED that, if Mr. Cousett fails to cure the designated
deficiencies within thirty days from the date of this Order, the action will be
dismissed without further notice.
DATED September 23, 2014, at Denver, Colorado.
BY THE COURT:

s/Boyd N. Boland
United States Magistrate Judge

3