Howard v. Raemisch et al

Filing 4

ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Gordon P. Gallagher on 12/11/14. (morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-03366-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.)
JEREMY D. HOWARD,
Plaintiff,
v.
RICK RAEMISCH, Or Current Executive Director of CDOC,
PAMELA PLOUGH, Or Current Warden of Cañon Minimum Center-ACC, FMCC, SCC,
JOHN SUTHERS, Or The Current Colorado Attorney General,
ADRIENNE GREENE, Denver Chief Deputy District Attorney, and
REBEKKA HIGGS, Denver Public Defender,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

On December 11, 2014, Plaintiff submitted to the Court a pleading titled,
“Criminal Complaint,” ECF No. 1, and a Prisoner’s Motion and Affidavit for Leave to
Proceed Pursuant to 28 U.S.C. § 1915, ECF No. 2. The purpose of the Criminal
Complaint is not clear. Plaintiff asserts that he is filing the action pursuant to 28 U.S.C.
§§ 1331 and 1343, but his request for relief is release from incarceration. A review of

the pleading indicates Plaintiff is challenging both vested good time/earned time, his
disciplinary record, and possibly a State of Colorado conviction. 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.

Because it is not clear whether the action is a challenge to the validity of
Applicant’s conviction and sentence, which is addressed in a § 2254 action, or a
challenge to the execution of his sentence, which is addressed in a § 2241 action, the
Court will direct Plaintiff to cure the deficiencies as stated below. Or if Plaintiff intends
to challenge an issue other than his conviction or the execution of his sentence he must
clarify his claims to the Court in a Court-approved form used in filing prisoner
complaints. Any papers that Plaintiff 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)
(4)
(5)
(6)
(7)
(8)
(9)
(10)

X

is not submitted
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: If Plaintiff is seeking habeas relief he must file the 28
U.S.C. § 1915 motion and affidavit that is used in filing a
habeas action

Complaint, Petition or Application:
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)

X

is not submitted
is not on proper form (Plaintiff may find the Court-approved forms at
www.cod.uscourts.gov.)
is missing an original signature by the prisoner
is missing page nos.
uses et al. instead of listing all parties in caption
names in caption do not match names in text
addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition or habeas application
other:
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Accordingly, it is
ORDERED that Plaintiff cure the deficiencies designated above within thirty
days from the date of this Order. Any papers that Plaintiff files in response to this
Order must include the civil action number on this Order. It is
FURTHER ORDERED that Plaintiff shall obtain the proper forms, depending on
the type of action Plaintiff intends to file, and the Prisoner’s Motion and Affidavit for
Leave to Proceed Pursuant to 28 U.S.C. § 1915 form used in filing a habeas action if he
intends to file a habeas action (with the assistance of his case manager or the facility’s
legal assistant), along with the applicable instructions, at www.cod.uscourts.gov.
Plaintiff must use the Court-approved forms when curing the deficiencies. It is
FURTHER ORDERED that, if Plaintiff fails to cure the designated deficiencies
within thirty days from the date of this Order, the action will be dismissed without
further notice
DATED December 11, 2014, at Denver, Colorado.
BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge

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