Murray v. Denver County Jail et al

Filing 4

ORDER Directing Applicant to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 10/1/14. (nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-02697-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.)
JARVIS MURRAY,
Applicant,
v.
DENVER COUNTY JAIL,
DEPT. OF CORRECTIONS,
RICK RAEMIRSCH,
BRANDON SHAFFER, and
WALT CHESTERFIELD (Kit Carson Warden),
Respondent.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES

Applicant has filed pro se an Application for a Writ of Habeas Corpus Pursuant to
28 U.S.C. § 2241 (ECF No. 1) seeking to be released from custody and a Prisoner’s
Motion and Affidavit for Leave to Proceed on Appeal Pursuant to 28 U.S.C. § 1915 and
Fed. R. App. P. 24 in a Habeas Corpus Action (ECF No. 3). Although Applicant
provided a case number for a habeas corpus action, he is not a party to that action and
may not pursue habeas corpus relief jointly with another individual. Therefore, a new
civil action has been commenced. 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 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:
is not submitted
(1)
(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)
xx
is missing certificate showing current balance in prison account
(5)
is missing required financial information
(6)
is missing authorization to calculate and disburse filing fee payments
(7)
is missing an original signature by the prisoner
is not on proper form
(8)
xx
(9)
names in caption do not match names in caption of complaint, petition or
habeas application
other:
.
(10)
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
is missing page nos.
(14)
(15)
uses et al. instead of listing all parties in caption
(16)
names in caption do not match names in text
(17)
addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition or habeas application
other:
.
(18)
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 Prisoner’s
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas
Corpus Action 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 deficiencies
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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 October 1, 2014, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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