Edwards v. Warden
Filing
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ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES by Magistrate Judge Gordon P. Gallagher on 8/5/15. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-01657-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.)
JASON EDWARDS,
Plaintiff,
v.
WARDEN, FCI Florence, Florence, Colorado
Defendant.
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES
Plaintiff, Jason Edwards, is currently incarcerated at FCI Florence in Florence,
Colorado. On August 3, 2015, he filed an Application for a Writ of Habeas Corpus
Pursuant to 28 U.S.C. § 2241 (ECF No. 1) and a Prisoner’s Motion and Affidavit for
Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas Corpus Action (ECF No.
2). As part of the Court’s review pursuant to D.C.COLO.LCivR 8.1(b), the Court has
determined that the § 1915 Motion is deficient as described in this order. Mr. Edwards
will be directed to cure the following if he wishes to pursue his claims. Any papers that
Plaintiff files in response to this Order must include the civil action number on this
Order.
28 U.S.C. § 1915 Motion and Affidavit:
(1)
is not submitted
(2)
is missing affidavit
is missing certified copy of prisoner’s trust fund statement for the 6-month
(3)
period immediately preceding this filing
(4)
X
is missing certificate showing current balance in prison account
is missing required financial information
(5)
(6)
is missing authorization to calculate and disburse filing fee payments
(7)
(8)
(9)
X
(10)
X
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: In the alternative, Applicant may pay the $5 filing fee.
Complaint, Petition or Application:
(11)
is not submitted
is not on proper form (Applicant may find the Court-approved form used in
(12)
filing a Civil General Complaint at www.cod.uscourts.gov.)
(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
names in caption do not match names in text
(16)
(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 Plaintiff cure the deficiencies designated above within thirty
days from the date of this Order. It is
FURTHER ORDERED that Plaintiff 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, along with the applicable instructions, at
www.cod.uscourts.gov, and use the form to cure the above noted deficiencies. It is
FURTHER ORDERED that if Plaintiff fails to cure the designated deficiencies
within thirty days from the date of this Order the action will be dismissed without
further notice.
DATED August 5, 2015, at Denver, Colorado.
BY THE COURT:
s/Gordon P. Gallagher
United States Magistrate Judge
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