Griffin v. No Named Respondents

Filing 3

ORDER Directing Petitioner to Cure Deficiencies, by Magistrate Judge Gordon P. Gallagher on 1/13/2015. (slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00082-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.)
ARTHUR JA GRIFFIN, JR.,
Petitioner,
v.
STATE OF COLORADO,
LODO,
DENVER COUNTY,
STATE PROTECTED WITNESS,
DIRECTOR-COLO. COALITION FOR HOMELESS-PATH-PROGRAM, and
DENVER DISTRICT ATTORNEYS,
Respondents.

ORDER DIRECTING PETITIONER TO CURE DEFICIENCIES

On January 12, 2015, Petitioner submitted to the Court a pleading titled, “Written
Request for Review of Declaratory Order of State Personnal [sic] Board C.A.R.:(2)
Pending Cases # 14CR06327 Pretrial Proceeding Date 01/07/2015 Affirmative
Defense,” ECF No. 1. The purpose of the Request is not clear. 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 Petitioner to cure the deficiencies as stated below. 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)
(2)
(3)

X

(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 Petitioner 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 (Petitioner 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:

Accordingly, it is
ORDERED that Petitioner cure the deficiencies designated above within thirty
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

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FURTHER ORDERED that Petitioner shall obtain the proper forms, depending
on the type of action Petitioner 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.
Petitioner must use the Court-approved forms when curing the deficiencies. It is
FURTHER ORDERED that, if Petitioner fails to cure the designated deficiencies
within thirty days from the date of this Order, the action will be dismissed without
further notice
DATED January 13, 2015, at Denver, Colorado.
BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge

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