Ackerman v. Zupon

Filing 4

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES by Magistrate Judge Gordon P. Gallagher on 11/22/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 15-cv-02549-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.)
EDWIN MARK ACKERMAN,
Applicant,
v.
WARDEN ZUPON,
Defendant.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES

Applicant Edwin Mark Ackerman, a state prisoner incarcerated at the Colorado
Territorial Correctional Facility in Cañon City, Colorado, initiated this action by filing pro se
an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. ' 2241, ECF No. 1.
Applicant appears to challenge a detainer that has been lodged against him and denial of
good time credits.
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.
Applicant will be directed to cure the following if he wishes to pursue his claims. Any
papers that Applicant files in response to this Order must include the civil action number
on this Order.

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

X
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
Applicant=s prison account is not certified
is missing required financial information
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
An original and a copy have not been received by the court.
Only an original has been received.
other:

Complaint, Petition or Application:
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)

is not submitted
is not on proper form (must use the Court=s current form)
is missing an original signature by the prisoner
is missing page nos.
uses et al. instead of listing all parties in caption
An original and a copy have not been received by the court. Only an
original has been received.
Sufficient copies to serve each defendant/respondent have not been
received by the court.
names in caption do not match names in text
other:

Accordingly, it is
ORDERED that Applicant 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. Any
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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 Court-approved form used in
filing 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 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 November 22, 2015, at Denver, Colorado.
BY THE COURT:
s/Gordon P. Gallagher
United States Magistrate Judge

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