Morris v. No Named Respondent

Filing 3

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES by Magistrate Judge Gordon P. Gallagher on 9/23/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02082-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.)
KENNETH A. MORRIS,
Applicant,
v.
[NO NAMED RESPONDENT],
Respondent.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES

On September 21, 2015, Kenneth A. Morris submitted to the Court a Letter, ECF
No. 1, that states he is challenging the calculation of his sentence, but the prison legal
department is denying him the forms he needs to file a 28 U.S.C. ' 2241 action in this
Court.
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 requests that the Court provide the forms to him. Forms usually are
provided by either the prison=s legal assistance or an applicant=s case manager and are
available at www.cod.uscourts.gov. Applicant has not provided to the Court any

documentation that he submitted a request for the forms from either his case manager or
a legal assistant and his request was denied. Applicant will be directed to obtain the
needed forms as stated below.
28 U.S.C. ' 1915 Motion and Affidavit:
(1)
(2)
(3)

X
X

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

X

is not submitted
is missing affidavit
is missing a certified prisoner=s trust fund statement showing the current
balance in his prison account
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: In the alternative Applicant my pay the $5 filing fee

Complaint, Petition or Application:
(11)
X
is not submitted
(12)
is not on proper 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 ASection A.
Parties@ of complaint, petition or habeas application
(18)
other:
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
FURTHER ORDERED that Applicant shall obtain the proper forms, depending on
the type of habeas action Applicant intends to file (with the assistance of his case
manager or the facility=s legal assistant), along with the applicable instructions, at
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www.cod.uscourts.gov. Applicant must use the Court-approved forms when curing the
deficiencies. It is
FURTHER ORDERED that Applicant=s case manager or the facility=s legal
assistant provide to Applicant, as previously arranged by the Court and the prison facility,
the necessary forms for Applicant to proceed with this action. 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 23, 2015, at Denver, Colorado.
BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge

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