Holloway v. Deham

Filing 3

ORDER Directing Applicant To Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 10/7/14. (nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02737-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.)
DONALD D. HOLLOWAY,
Applicant,
v.
DEBRA DENHAM, Warden,
Respondent.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES

Applicant, Donald D. Holloway, initiated this action by filing pro se an Application
for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241. 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)

X

(4)

X

(5)
(6)
(7)
(8)
(9)

is not submitted
is missing affidavit
is missing a certified prisoner's trust fund statement for the 6-month period
immediately preceding this filing
is missing a certified 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.

(10)

X

Only an original has been received.
other: In the alternative Applicant may pay the $5 filing fee.

Complaint, Petition or Application:
is not submitted
(11)
(12)
X
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
An original and a copy have not been received by the court. Only an
(16)
original has been received.
(17)
Sufficient copies to serve each defendant/respondent have not been
received by the court.
(18)
names in caption do not match names in text
other:
(19)
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 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. 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 October 7, 2014, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge
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