Chrisco v. Raemisch et al

Filing 4

ORDER Directing Petitioner To Cure Deficiencies, by Magistrate Judge Gordon P. Gallagher on 03/09/15. (nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 15-cv-00475-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.)
LUKE IRVIN CHRISCO,
Petitioner,
v.
RICK RAEMISCH, Exec. Dir. of CDOC, and
DAVID M. JOHNSON, Warden, DRDC,
Respondents.

ORDER DIRECTING PETITIONER TO CURE DEFICIENCIES

Petitioner, a Colorado state prisoner, has submitted to the court a “Petition for
Writ of Habeas Corpus Under 28 USC 2241 and for Equitable Relief” (ECF No. 1) and a
“Declaration in Support of Request to Proceed In Forma Pauperis” (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. Petitioner will be directed to
cure the following if he wishes to pursue his claims. 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)
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)
is missing certificate showing current balance in prison account
is missing required financial information
(5)
(6)
is missing authorization to calculate and disburse filing fee payments

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

xx

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
other:
.

Complaint, Petition or Application:
(11)
is not submitted
(12) xx
is not on proper form (must use the court’s current form)
(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)
addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition or habeas application
(18) xx
other: Petitioner must use the court’s Prisoner Complaint form if he is
challenging the conditions of his confinement and not the execution of his
sentence.
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. §
2241 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 March 9, 2015, at Denver, Colorado.
2

BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge

3