Brenner v. Executive Director of the CDOC et al

Filing 4

ORDER DIRECTING MR. BRENNER TO CURE DEFICIENCIES by Magistrate Judge Gordon P. Gallagher on 12/2/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02611-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.)
PATRICK L. BRENNER,
Applicant,
v.
EXECUTIVE DIRECTOR OF THE CDOC AND WARDEN OF COLORADO
TERRITORIAL CORRECTIONAL FACILITY,
Respondent.

ORDER DIRECTING MR. BRENNER TO CURE DEFICIENCIES

Mr. Patrick L. Brenner initiated this action by filing an Application for a 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. In the
Application, Mr. Brenner requests compensation for property that he claims was stolen
when he was moved to segregation. Mr. Brenner is challenging the conditions of his
confinement.
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.
Brenner will be directed to cure the following if he wishes to pursue his claims. Any
papers that Mr. Brenner files in response to this Order must include the civil action
number on this Order.

1

Furthermore, Mr. Brenner is instructed that his attempt to file this action pursuant
to 28 U.S.C. ' 2241 is improper. AThe essence of habeas corpus is an attack by a
person in custody upon the legality of that custody, and . . . the traditional function of the
writ is to secure release from illegal custody.@ See Preiser v. Rodriguez, 411 U.S. 475,
484 (1973). Generally, a state prisoner who challenges the conditions of confinement
must pursue a civil rights action. See Sandifer v. Ledezma, 653 F.3d 1276, 1280 (10th
Cir. 2011).
28 U.S.C. ' 1915 Motion and Affidavit:
(1)
is not submitted
(2)
is missing affidavit
(3) X
prisoner=s trust fund statement is not certified
(4)
is missing required financial information
(5)
is missing an original signature by the prisoner
(6) X
is not on proper form (must use the Court=s current form used in filing
prisoner civil rights complaints)
(7)
names in caption do not match names in caption of complaint, petition or
habeas application
(8)
An original and a copy have not been received by the court.
Only an original has been received.
(9)
other:
Complaint, Petition or Application:
(10)
is not submitted
(11) X
is not on proper form (must use a Court-approved form used in filing
prisoner civil rights complaints)
(12)
is missing an original signature by the prisoner
(13)
is missing page nos.
(14)
uses et al. instead of listing all parties in caption
(15)
An original and a copy have not been received by the court. Only an
original has been received.
(16)
Sufficient copies to serve each defendant/respondent have not been
received by the court.
(17)
names in caption do not match names in text
(18)
other:

2

Accordingly, it is
ORDERED that Mr. Brenner cure the deficiencies designated above within thirty
days from the date of this Order. Any papers that Mr. Brenner files in response to this
Order must include the civil action number on this Order. It is
FURTHER ORDERED that Mr. Brenner shall obtain the proper Court-approved
forms for filing a Prisoner Complaint and a Prisoner=s Motion and Affidavit to Proceed
Pursuant to 28 U.S.C. ' 1915, (with the assistance of his case manager or the facility=s
legal assistant), along with the applicable instructions, at www.cod.uscourts.gov. for use
in curing deficiencies. It is
FURTHER ORDERED that if Mr. Brenner fails to cure the designated deficiencies
within thirty days from the date of this Order the action will be dismissed without
further notice.
DATED December 2, 2015, at Denver, Colorado.
BY THE COURT:
s/Gordon P. Gallagher
United States Magistrate Judge

3