Brown v. Bent County Correctional Facility

Filing 3

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES by Magistrate Judge Gordon P. Gallagher on 9/15/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02006-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.)
TRAVIS BROWN,
Applicant,
v.
BENT COUNTY CORRECTIONAL FACILITY,
Respondent.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES

On September 14, 2015, Applicant Travis Brown submitted to the Court an
Application Under 28 U.S.C. 28 U.S.C. § 2241 for Writ of Habeas Corpus by a Person in
State or Federal Custody, ECF No. 1. Applicant also paid the $5 filing fee. Upon review
of the Application, the Court finds that Applicant asserts only one claim, which appears to
be a challenge to the validity of his conviction. The Application, therefore, more properly
is filed pursuant to 28 U.S.C. § 2254, which is the proper action if an applicant is
challenging the validity of a state criminal action.
As part of the Court’s review pursuant to D.C.COLO.LCivR 8.1(b), the Court has
determined that the filings are deficient as described in this Order. Applicant will be
directed to cure the following if he wishes to pursue any claims in this Court in this
action. Any papers that Applicant files in response to this Order must include the civil
action number on this Order.

Applicant 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, Applicant is directed to name as Respondent the custodian of the facility
where he is incarcerated.
28 U.S.C. § 1915 Motion and Affidavit:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)

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
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:

Complaint, Petition or Application:
(11)
is not submitted
(12)
X
is not on proper 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
other: Applicant is directed to provide all requested information in the
(18)
X
proper Court-approved form.
Accordingly, it is
ORDERED that Applicant cure the deficiencies designated above within thirty
days from the date of this Order. Any papers that Applicant files in response to this
Order must include the civil action number on this Order. It is

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FURTHER ORDERED that Applicant shall obtain the proper Court-approved form
for filing a 28 U.S.C. § 2254 action, (with the assistance of his case manager or the
facility’s legal assistant), along with the applicable instructions, at www.cod.uscourts.gov.
Applicant must use a Court-approved form when curing the deficiencies. It is
FURTHER ORDERED that, if Applicant fails to cure the designated deficiencies
within thirty days from the date of this Order, the action will be dismissed without
further notice.
DATED September 15, 2015, at Denver, Colorado.
BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge

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