Nicholas v. Falk et al

Filing 6

ORDER Directing Applicant To Cure Deficiencies, by Magistrate Judge Gordon P. Gallagher on 03/10/15. (nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 15-cv-00476-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.)

DUANE ERIC NICHOLAS,
Applicant,
v.
JAMES FALK, Warden, and
JOHN SUTHERS, The Attorney General of the State of Colorado,
Respondents.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES

Applicant, Duane Eric Nicholas, is a prisoner currently incarcerated at the
Sterling Correctional Facility in Sterling, Colorado. Mr. Nicholas has submitted an
Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 (ECF No. 1) and
a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915
(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 submitted documents are deficient as described in this Order. Mr.
Nicholas will be directed to cure the following if he wishes to pursue his claims. Any
papers that Mr. Nicholas files in response to this Order must include the civil action
number on this Order.
Furthermore, Mr. Nicholas complains that “based on a procedural state delay

tactic,” he has been unable to obtain a certified copy of his trust fund account statement.
Mr. Nicholas does not specifically state that he has requested a trust fund account
statement and that his request has been denied.
28 U.S.C. § 1915 Motion and Affidavit:
(1)
(2)
(3)
(4)

X

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

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 certified statement showing current balance in prison account
(if Applicant is unable to obtain a certified copy of his inmate
account statement from prison officials, he must file a document
with the Court detailing his specific efforts to comply with this Order
and the specific actions of named individuals who refused to provide
him with the account statement)
is missing required financial information
is missing an original signature by the prisoner
is not on proper form (must use the court’s 10/1/12 revised form)
names in caption do not match names in caption of complaint, petition or
habeas application
other: Applicant may in the alternative pay the $5.00 filing fee.

Complaint, Petition or Application:
is not submitted
(11)
(12)
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
names in caption do not match names in text
(16)
(17)
other:
Accordingly, it is
ORDERED that Mr. Nicholas cure the deficiencies designated above within
thirty days from the date of this Order. Any papers that Mr. Nicholas files in
response to this Order must include the civil action number on this Order. It is
FURTHER ORDERED that Mr. Nicholas shall obtain the Court-approved form

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used in filing a 28 U.S.C. § 1915 motion in a habeas corpus 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. Nicholas fails to cure the designated
deficiencies within thirty days from the date of this Order the action will be
dismissed without further notice.
DATED March 10, 2015, at Denver, Colorado.
BY THE COURT:
s/Gordon P. Gallagher
United States Magistrate Judge

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