Peer v. Denham

Filing 4

ORDER Directing Applicant to Cure Deficiencies, by Magistrate Judge Gordon P. Gallagher on 4/13/15. (morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00754-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.)
KEITH E. PEER,
Applicant,
v.
DEBORAH DENHAM, Warden,
Respondent.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES

Applicant, Keith E. Peer, is in the custody of the Federal Bureau of Prisons at the
Federal Correctional Institution in Englewood, Colorado. Mr. Peer initiated this action
by filing an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241, in
which he challenges the execution of his federal sentence.
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.
Applicant will be directed to cure the following if he wishes to pursue his claims. Any
papers that Applicant 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)

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 a certified account statement showing the current balance in
Applicant’s prison account

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

X

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 has been received.
other: §1915 Motion and Affidavit are necessary only if the $5.00 filing fee
is not paid in advance.

Complaint, Petition or Application:
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)

is not submitted
is not on proper form (must use a Court-approved form)
is missing an original signature by the prisoner
is missing page nos.
uses et al. instead of listing all parties in caption
An original and a copy have not been received by the court. Only an
original has been received.
Sufficient copies to serve each defendant/respondent have not been
received by the court.
names in caption do not match names in text
other:

Accordingly, it is
ORDERED that Applicant cure the deficiencies designated above within thirty
days from the date of this Order. Any papers that Applicant files in response to this
Order must include the civil action number on this Order. It is
FURTHER ORDERED that Applicant shall obtain the Court-approved form used
in filing a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. §
1915 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 to be used in curing the noted deficiencies. Alternatively,
Applicant may pay the $5.00 filing fee. It is
FURTHER ORDERED that if Applicant fails to cure the designated deficiencies

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within thirty days from the date of this Order the action may be dismissed without
further notice.
DATED April 13, 2015, at Denver, Colorado.
BY THE COURT:

s/Gordon P. Gallagher
United States Magistrate Judge

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