Joyner v. Ramisch et al

Filing 3

ORDER Directing Petitioner To Cure Deficiencies, by Magistrate Judge Gordon P. Gallagher on 05/11/15. (nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00987-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.)
JAMES M. JOYNER,
Petitioner,
v.
RICK RAEMISCH, Executive Director, Colorado Department of Corrections, and
PAM PLOUGH, Warden, Skyline Correctional Facility,
Respondents.

ORDER DIRECTING PETITIONER TO CURE DEFICIENCIES

James M. Joyner is in the custody of the Colorado Department of Corrections
and is incarcerated at the Skyline Correctional Center in Canón City, Colorado. He
initiated this action on May 8, 2015 by filing a “Petition for Writ of Habeas Corpus
Pursuant to C.R.S. 13-45-101" (ECF No. 1). Mr. Joyner challenges the execution of his
sentence. 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.
Any papers that Mr. Joyner 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 certificate showing current balance in prison account

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

X

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: Mr. Joyner may pay the $5.00 filing fee in lieu of filing
a § 1915 motion and affidavit.

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

X

is not submitted
is not on proper form
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. Joyner cure the deficiencies designated above within thirty
days from the date of this Order. Any papers that Mr. Joyner files in response to this
Order must include the civil action number on this Order. It is
FURTHER ORDERED that Mr. Joyner shall obtain copies of the court-approved
forms for filing an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241
and a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. §
1915 in a Habeas Corpus Action, along with the applicable instructions, at
www.cod.uscourts.gov. Mr. Joyner must use the Court-approved forms when curing the
deficiencies. It is
FURTHER ORDERED that, if Mr. Joyner fails to cure the designated deficiencies
within thirty days from the date of this Order, the action will be dismissed without
2

further notice.
DATED May 11, 2015, at Denver, Colorado.
BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge

3