Nunn v. People of the State of Colorado, The

Filing 3

ORDER Directing Applicant to Cure Deficiencies, by Magistrate Judge Gordon P. Gallagher on 7/30/2015. (agarc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 15-cv-01613-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.)
BRITTANY NUNN,
Applicant,
v.
THE PEOPLE OF THE STATE OF COLORADO
Respondent.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES

On July 27, 2015, Ms. Nunn filed pro se an Application for a Writ of Habeas
Corpus. (ECF No. 1). As part of the court’s review pursuant to D.C.COLO.LCivR 8.1(b),
the court has determined that the application is deficient as described in this order.
Therefore, Ms. Nunn will be ordered to cure the following deficiencies if she wishes to
pursue her claims in this action.
It appears that Ms. Nunn is a pretrial detainee currently confined in the Larimer
County Jail. A defendant who is in state custody awaiting trial can apply for a federal
writ of habeas corpus pursuant to 28 U.S.C. § 2241(c)(3).
Ms. Nunn 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, Ms. Nunn is directed to name as Respondent the custodian of the facility
where she is detained.

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)

xx

is not submitted

(2)

is missing affidavit

(3)

is missing certified copy of prisoner’s trust fund statement for the 6-month
period immediately preceding this filing

(4)

is missing certificate showing current balance in prison account

(5)

is missing required financial information

(6)

is missing authorization to calculate and disburse filing fee payments

(7)

is missing an original signature by the prisoner

(8)

is not on proper form (must use the court’s current form)

(9)

names in caption do not match names in caption of complaint, petition or
habeas application

(10)

xx

other: instead of filing a §1915 motion and supporting documents,
applicant may pay the $5.00 filing fee.

Complaint, Petition or Application:
(11)
(12)

is not submitted
xx

is not on proper form (must use current court-approved 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

(16)

names in caption do not match names in text

(17)

addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition or habeas application

(18)

other:

.

Accordingly, it is
ORDERED that Applicant cure the deficiencies designated above within thirty
(30) days from the date of this order. Any papers that Applicant files in response to

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this order must include the civil action number on this order. It is
FURTHER ORDERED that Applicant 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 and Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C.
§ 2241 forms (with the assistance of her case manager or the facility’s legal assistant),
along with the applicable instructions, at www.cod.uscourts.gov. It is
FURTHER ORDERED that, if Applicant fails to cure the designated deficiencies
within thirty (30) days from the date of this order, the action will be dismissed
without further notice. The dismissal shall be without prejudice.
DATED July 30, 2015, at Denver, Colorado.
BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge

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