Shine v. Denham

Filing 3

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES by Magistrate Judge Gordon P. Gallagher on 10/1/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 15-cv-02165-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.)

STEPHEN LAMONT SHINE,
Applicant,
v.
[NO NAMED RESPONDENT],
Respondent.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES

On September 30, 2015, Applicant Stephen Lamont Shine submitted to the Court
the AInformation and Instructions for Filing an Application for a Writ of Habeas Corpus
Pursuant to 28 U.S.C. ' 2241@ that he has signed, and a certified account statement for
the most recent six months. It appears that Applicant intends to file a habeas corpus
action pursuant to 28 U.S.C. ' 2241.
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.
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28 U.S.C. ' 1915 Motion and Affidavit:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)

X

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 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 for filing an
Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. ' 2241and a Motion for
Leave to Proceed Pursuant to 28 U.S.C. ' 1915 in a Habeas 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
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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. It is
FURTHER ORDERED that the Clerk of the Court is directed to remove pages
three through ten from ECF No. 1 and place these pages in a separate entry on the
Docket titled, ACertified Account Statement.@
DATED October 1, 2015, at Denver, Colorado.
BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge

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