Carbajal v. Lynn et al

Filing 5

ORDER Directing Plaintiff to Cure Deficiency, by Magistrate Judge Boyd N. Boland on 10/22/2014. (slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-02880-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.)
DEAN CARBAJAL,
Applicant,
v.
RANDY LYNN, and
THE ATTORNEY GENERAL OF THE STATE OF COLORADO,
Respondents.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCY

Applicant has filed pro se an “Application for a Writ of Habeas Corpus Pursuant
to 28 U.S.C. § 2254 or Writ of Error Coram Nobis Pursuant to 28 USC § 1651” (ECF
No. 1), a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. §
1915 in a Habeas Corpus Action (ECF No. 3), and a “Supplement to Mr. Carbajal’s
Application for a Writ of Habeas Corpus Pursuant to 28 USC § 2254 or Writ of Error
Coram Nobis Pursuant to 28 USC § 1651” (ECF No. 4). 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:
(1)
is not submitted

(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)

xx

is missing affidavit
is missing certified copy of prisoner’s trust fund statement for the 6-month
period immediately preceding this filing
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
names in caption do not match names in caption of complaint, petition or
habeas application
other:
.

Complaint, Petition or Application:
is not submitted
(11)
(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 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, 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 October 22, 2014, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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