Schwartz v. Pelle
Filing
3
ORDER DIRECTING PETITIONER TO CURE DEFICIENCY by Magistrate Judge Gordon P. Gallagher on 9/14/15. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02000-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.)
ERIC SCHWARTZ,
Petitioner,
v.
JOE PELLE, Sheriff of Boulder County, State of Colorado,
Respondent.
ORDER DIRECTING PETITIONER TO CURE DEFICIENCY
Petitioner, an inmate at the Boulder County Jail in Boulder, Colorado, has
submitted to the court an Application for Writ of Habeas Corpus (ECF No. 1) and he has
paid the $5.00 filing fee for a habeas corpus action. 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. Petitioner will be directed to cure the following if he
wishes to pursue his claims. Any papers that Petitioner 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)
is missing certificate showing current balance in prison account
(5)
is missing required financial information
is missing authorization to calculate and disburse filing fee payments
(6)
(7)
is missing an original signature by the prisoner
(8)
(9)
(10)
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
other:
.
Complaint, Petition or Application:
is not submitted
(11)
(12) xx
is not on proper form (must use the court’s current 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
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
other:
.
(18)
Accordingly, it is
ORDERED that Petitioner cure the deficiency designated above within thirty
(30) days from the date of this order. Any papers that Petitioner files in response to
this order must include the civil action number on this order. It is
FURTHER ORDERED that Petitioner shall obtain the court-approved Application
for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 form (with the assistance of
his case manager or the facility’s legal assistant), along with the applicable instructions,
at www.cod.uscourts.gov. It is
FURTHER ORDERED that, if Petitioner fails to cure the designated deficiency
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 September 14, 2015, at Denver, Colorado.
BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge
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