Villalobos v. DDC-DCJ
Filing
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ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES by Magistrate Judge Gordon P. Gallagher on 11/5/15. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02445-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.)
ENRIQUE VILLALOBOS,
Plaintiff,
v.
DDC-DCJ,
Defendant.
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES
On November 4, 2015, Plaintiff, Enrique Villalobos, filed pro se an Application for
a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 (ECF No. 1) and a Prisoner’s
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas
Corpus Action (ECF No. 3). On the same day, he also filed a Prisoner Complaint (see
15-cv-2443) and an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C.
§ 2241 (see 15-cv-2444).
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. Plaintiff will be
directed to cure the following if he wishes to pursue any claims in this Court in this
action. Any papers that Plaintiff 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)
is not submitted
(2)
is missing affidavit
(3)
X
is missing certified copy of prisoner’s trust fund statement for the 6-month
period immediately preceding this filing (must submit prisoner’s trust
fund statement and have prison official sign certification).
(4)
is missing certificate showing current balance in prison account
(5)
is missing required financial information
(6)
is missing authorization to calculate and disburse filing fee payments
(7)
is missing an original signature by the prisoner
(8)
is not on proper form
(9)
names in caption do not match names in caption of complaint, petition or
habeas application
(10) X
other: In the alternative, Plaintiff may pay the $5.00 filing
fee.
Complaint, Petition or Application:
(11)
is not submitted
(12)
is not on proper Court-approved form
(13)
X
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
(18) X
other: The Application is incomplete. It does not identify the judgment of
conviction being challenged and does not state any claims.
Accordingly, it is
ORDERED that Plaintiff cure the deficiencies designated above within thirty
days from the date of this Order. Any papers that Plaintiff files in response to this
Order must include the civil action number on this Order. It is
FURTHER ORDERED that Plaintiff shall obtain the proper Court-approved forms
for filing an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 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
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assistant), along with the applicable instructions, at www.cod.uscourts.gov. Plaintiff
must use the Court-approved forms when curing the deficiencies. It is
FURTHER ORDERED that, if Plaintiff fails to cure the designated deficiencies
within thirty days from the date of this Order, the action will be dismissed without
further notice.
DATED November 5, 2015, at Denver, Colorado.
BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge
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