Mandrell v. Raemisch et al

Filing 5

ORDER Directing Applicant to Cure Deficiencies, by Magistrate Judge Gordon P. Gallagher on 11/17/14. (morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-03064-GPG
(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.)
PHILLIP MANDRELL,
Applicant,
v.
RICK RAEMISCH, Executive Director Colo. Dep’t of Corrections,
LAS ANIMAS COUNTY COMBINED COURTS, and
JAMES FAULK, Warden, Sterling Correctional Facility,
Respondents.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES

Applicant, a Colorado Department of Corrections prisoner, has filed pro se an
Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (ECF No. 1), and
a Statement of Account Activity for his inmate trust fund account (ECF No. 3). 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)
xx
is not submitted
(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)
is missing certificate showing current balance in prison account
(5)
is missing required financial information
is missing authorization to calculate and disburse filing fee payments
(6)

(7)
(8)
(9)
(10)

xx

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: Applicant may pay the $5.00 filing fee in lieu of filing a § 1915
Motion and Affidavit.

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
(18)
xx
other: The only proper respondent to a habeas action under 28 U.S.C.
§ 2241 is the warden of the facility where the Applicant was incarcerated
at the time of filing.
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 form for
filing 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. Applicant shall use the court-approved form in curing the
deficiency noted above, or pay the $5.00 filing fee. It is
FURTHER ORDERED that, if Applicant fails to cure the designated deficiencies
within thirty (30) days from the date of this order, the action will be dismissed

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without further notice. The dismissal shall be without prejudice.
DATED November 17, 2014, at Denver, Colorado.
BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge

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