Brown v. Arapahoe County 18th Judicial District

Filing 3

ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Gordon P. Gallagher on 12/16/14. (morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-03384-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.)

ALEXANDER BROWN,
Plaintiff,
v.
[NO NAMED DEFENDANT],
Defendant.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Plaintiff Alexander Brown is detained at the Arapahoe County Detention Facility
in Centennial, Colorado. Mr. Brown has submitted a Complaint that challenges his due
process rights in a state criminal case. As relief, Mr. Brown has requested that the
Court find the prosecution has violated his rights to due process and to a fair trial and
that he be allowed to prepare an adequate defense. Mr. Brown further asserts that the
trial in his state criminal proceeding is scheduled to begin on January 26, 2015.
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. Mr.
Brown will be directed to cure the following if he wishes to pursue his claims. Any
papers that Mr. Brown files in response to this Order must include the civil action
number on this Order.
The Court, also finds that Mr. Brown is challenging the validity of a pending
criminal proceeding. To the extent he is able to proceed with these claims, they should

be raised in a 28 U.S.C. § 2254 action. The Court, therefore, construes this action as
filed pursuant to § 2254.
28 U.S.C. § 1915 Motion and Affidavit:
(1)
(2)
(3)

X

(4)

X

(5)
(6)
(7)
(8)
(9)
(10)

X

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
Mr. Brown’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. Only an
original as been received.
other: In the alternative Mr. Brown may pay the $5 filing fee.

Complaint, Petition or Application:
(11)
is not submitted
(12)
X
is not on proper form (must use the Court’s current form used in filing 28
U.S.C. § 2254 actions)
(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
(16)
names in caption do not match names in text
(17)
other:
Accordingly, it is
ORDERED that Mr. Brown cure the deficiencies designated above within thirty
days from the date of this Order. Any papers that Mr. Brown files in response to this
Order must include the civil action number on this Order. It is
FURTHER ORDERED that Mr. Brown shall obtain the Court-approved form used
in filing an Application for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 and a
Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a

2

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. It is
FURTHER ORDERED that if Mr. Brown 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 16, 2014, at Denver, Colorado.
BY THE COURT:
s/Gordon P. Gallagher
United States Magistrate Judge

3