Hammond v. Pillar Properties Services, LLC

Filing 8

SECOND ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES by Magistrate Judge Gordon P. Gallagher on 12/24/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02601-GPG
G.Z. HAMMOND,
Plaintiff,
v.
PILLAR PROPERTIES SERVICES, LLC,
Defendants.

SECOND ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

In response to this Court’s Order to Cure (ECF No. 3), Plaintiff has submitted to
this Court an Application for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241
complaining fair housing matters. As part of the court’s review pursuant to
D.C.COLO.LCivR 8.1(b), the court has determined that the document is deficient as
described in this order.
A petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 is only available
to a prisoner challenging the fact of his confinement as a violation of the Constitution or
laws or treaties of the United States. Plaintiff’s claims do not relate to his confinement.
Rather, they relate to an alleged eviction. Thus, an Application for Writ of Habeas
Corpus Pursuant to 28 U.S.C. § 2241 is not the proper vehicle for bringing his claims.
He must file a civil complaint on the proper court-approved form raising his claims.
Plaintiff will be directed to cure the foregoing if he wishes to pursue any claims in this
action. Any papers that Plaintiff files in response to this order must include the civil
action number on this order.

Complaint:
(11)

XX

is not submitted

(12)

XX

is not on proper form (must use the court’s current prisoner 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)

XX

addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition or habeas application

(18)

other:

.

Accordingly, it is
ORDERED that Plaintiff cure the deficiencies designated above within thirty
(30) 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 the Plaintiff shall obtain the court-approved forms for
filing, along with the applicable instructions, at www.cod.uscourts.gov. It is
FURTHER ORDERED that, if Plaintiff fails to cure the designated deficiencies
within thirty (30) days from the date of this order, the action will be dismissed
without further notice. The dismissal shall be without prejudice.
DATED December 24, 2015, at Denver, Colorado.
BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge
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