Turner v. Archuleta et al

Filing 4

ORDER TO CURE DEFICIENCIES by Magistrate Judge Gordon P. Gallagher on 7/27/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-01580-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.)
DERRICK E. TURNER,
Applicant,
v.
THE PEOPLE OF THE STATE OF COLORADO,
RAY ARCHULETA, Warden
CYNTHIA COFFMAN, The Attorney General of the State of Colorado

Respondents.

ORDER TO CURE DEFICIENCIES

Applicant is a prisoner, currently incarcerated at the Fremont Correctional Facility
in Canon City, Colorado. On July 24, 2015, Mr. Turner, submitted a pro se Application
for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254. (ECF No. 1). The same day,
he also submitted a Motion for Order to Hold in Abeyance. (ECF No. 3).
As part of the Court’s review pursuant to D.C.COLO.LCivR 8.1(A), the Court has
determined that the documents filed are deficient as described in this Order. Mr. Turner
will be directed to cure the following if he wishes to pursue any claims in this Court in
this action. Any papers that Mr. Turner files in response to this Order must include the
civil action number on this Order.
28 U.S.C. § 1915 Motion and Affidavit:
(1)

X

is not submitted

(2)
(3)

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
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 (Must use Court-approved form revised January
2015)
names in caption do not match names in caption of complaint, petition or
habeas application
other:

(4)
(5)
(6)
(7)
(8)
(9)
(10)

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: Application is incomplete. “Timeliness” and “Prior Applications”
sections should be completed. Applicant’s signature should also include a
date. The only proper Respondents in a § 2254 Application are the
Warden and the State Attorney General, not the People of the State of
Colorado. And, finally, the Application should be submitted with the pages
in the correct order.

Accordingly, it is
ORDERED that Mr. Turner cure the deficiencies designated above within thirty
days from the date of this Order. Any papers that Mr. Turner files in response to this
Order must include the civil action number on this Order. It is
FURTHER ORDERED that Mr. Turner 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 form, along with the applicable instructions, at www.cod.uscourts.gov. It
is
2

FURTHER ORDERED that if Mr. Turner fails to cure the designated deficiency,
within thirty days from the date of this Order, the action will be dismissed without
further notice.
DATED July 27, 2015, at Denver, Colorado.
BY THE COURT:
s/Gordon P. Gallagher
United States Magistrate Judge

3