Medina v. Colorado Department of Corrections, The et al

Filing 5

ORDER Directing "Plaintiff" to Cure Deficiencies, by Magistrate Judge Gordon P. Gallagher on 4/07/2015. (slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00712-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.)
NICK R. MEDINA,
“Plaintiff,”
v.
THE COLORADO DEPT. OF CORRECTIONS,
RICK RAEMISCH, Executive Director, and
WARDEN FAULK, Sterling Corr. Facility,
“Defendants.”

ORDER DIRECTING “PLAINTIFF” TO CURE DEFICIENCIES

On April 6, 2015, Mr. Medina s submitted to the Court a pleading titled, “Motion
of Habeas Corpus Relief for/of Illegal Incarceration Complaint,” 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 Mr. Medina to cure the deficiencies as stated below. Any papers that
Mr. Medina files in response to this Order must include the civil action number on this
Order.

Mr. Medina also is instructed that pursuant to 28 U.S.C. § 2243 an application for
writ of habeas corpus is directed to the person who has custody of the detained person.
Therefore, Mr. Medina is directed to name as Respondent the custodian of the facility
where he is detained.
28 U.S.C. § 1915 Motion and Affidavit:
(1)
(2)
(3)
(4)

X

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

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 (Mr.
Medina acknowledges that he has not submitted a certified account
statement.)
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:

Complaint, Petition or Application:
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)

X

is not submitted
is not on proper form (Mr. Medina 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 Mr. Medina cure the deficiencies designated above within thirty
days from the date of this Order. Any papers that Mr. Medina files in response to this

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Order must include the civil action number on this Order. It is
FURTHER ORDERED that Mr. Medina shall obtain the proper forms, depending
on the type of habeas action (28 U.S.C. § 2254 or § 2241) he intends to file (with the
assistance of his case manager or the facility’s legal assistant), along with the
applicable instructions, at www.cod.uscourts.gov. Mr. Medina must use the Courtapproved forms when curing the deficiencies. It is
FURTHER ORDERED that, if Mr. Medina fails to cure the designated
deficiencies within thirty days from the date of this Order, the action will be
dismissed without further notice
DATED April 7, 2015, at Denver, Colorado.
BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge

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