Fogle v. Raemisch et al

Filing 3

ORDER Directing Petitioner to Cure Deficiencies, by Magistrate Judge Gordon P. Gallagher on 12/12/2014. (slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-03381-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.)
RONALD JENNINGS FOGLE,
Petitioner,
v.
RICK RAEMISCH, Director for Colorado Department of Corrections, and
JOHN SUTHERS, Attorney General for Colorado,
Respondents.

ORDER DIRECTING PETITIONER TO CURE DEFICIENCIES

Petitioner, a state prisoner in Colorado, has filed pro se a document titled “Motion
for Court Appointed Counsel, Motion for a[n] Evidentiary Hearing, Motion to Vacate, Set
Aside or Correct a Sentence by the Writ of Habeas Corpus” (ECF No. 1). As part of the
court’s review pursuant to D.C.COLO.LCivR 8.1(b), the court has determined that the
document is deficient as described in this order. Petitioner will be directed to cure the
following if he wishes to pursue his claims in this action. Any papers that Petitioner 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
is missing affidavit
(2)
(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 (account
statement submitted is too old and does not show current balance)
(5)
is missing required financial information

(6)
(7)
(8)
(9)
(10)

xx

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: motion is necessary only if $5.00 filing fee is not paid in advance.

Complaint, Petition or Application:
is not submitted
(11)
(12) xx
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)
other:
.
Accordingly, it is
ORDERED that Petitioner cure the deficiencies designated above within thirty
(30) days from the date of this order. Any papers that Petitioner files in response to
this order must include the civil action number on this order. It is
FURTHER ORDERED that Petitioner 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 and Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. §
2254 forms (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 Petitioner fails to cure the designated deficiencies
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 December 12, 2014, at Denver, Colorado.
BY THE COURT:
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s/ Gordon P. Gallagher
United States Magistrate Judge

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