Ackerman v. U.S. Army

Filing 3

ORDER DIRECTING MR. ACKERMAN TO CURE DEFICIENCIES, by Magistrate Judge Gordon P. Gallagher on 10/29/2015. (agarc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 15-cv-02402-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.)
UNITED STATES ARMY,
Plaintiff,
v.
EDWIN MARK ACKERMAN,
Defendant.

ORDER DIRECTING MR. ACKERMAN TO CURE DEFICIENCIES

Edwin Mark Ackerman, a state prisoner incarcerated at the Colorado Territorial
Correctional Facility in Cañon City, Colorado, initiated this action by filing pro se a
pleading titled, Petition for Transfer of Custody,@ ECF No. 1. Mr. Ackerman appears to
challenge a detainer that has been lodged against him. A challenge to a detainer
normally is filed 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 submitted documents are deficient as described in this Order. Mr.
Ackerman will be directed to cure the following if he wishes to pursue his claims. Any
papers that Mr. Ackerman files in response to this Order must include the civil action
number on this Order.

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Mr. Ackerman is reminded that in Ackerman v. Zupan, et al., No. 14-cv-03168-LTB
(D. Colo. Feb. 2, 2015), he was warned that if he filed any future actions that raise the
same meritless claims, as were raised in Case No. 13-cv-03487-RM, he may be ordered
to show cause why this Court should not summarily dismiss such an action and impose
sanctions.
28 U.S.C. ' 1915 Motion and Affidavit:
(1)
(2)
(3)

X

(4)

X

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

is not submitted
is missing affidavit
is missing a certified prisoner's trust fund statement for the 6-month period
immediately preceding this filing
is missing a certified account statement showing the current balance in Mr.
Ackerman=s prison account is not certified
is missing required financial information
is missing an original signature by the prisoner
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
An original and a copy have not been received by the court.
Only an original has been received.
other: In the alternative Mr. Ackerman may pay the $5 filing fee.

Complaint, Petition or Application:
(11)
is not submitted
(12) X
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
(16)
An original and a copy have not been received by the court. Only an
original has been received.
(17)
Sufficient copies to serve each defendant/respondent have not been
received by the court.
(18)
names in caption do not match names in text
(19)
other:
Accordingly, it is
ORDERED that Mr. Ackerman cure the deficiencies designated above within
thirty days from the date of this Order if he desires to proceed with a 28 U.S.C. ' 2241.

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Any papers that Mr. Ackerman files in response to this Order must include the civil action
number on this Order. It is
FURTHER ORDERED that Mr. Ackerman shall obtain the Court-approved form
used in filing an Application for Writ of Habeas Corpus Pursuant to 28 U.S.C. ' 2241 and
a Prisoner=s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. ' 1915 in a
Habeas Corpus Action (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 Mr. Ackerman fails to cure the designated
deficiencies within thirty days from the date of this Order the action will be dismissed
without further notice.
DATED October 29, 2015, at Denver, Colorado.
BY THE COURT:
s/Gordon P. Gallagher
United States Magistrate Judge

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