Calvert v. Denham
Filing
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ORDER Directing Applicant to Cure Deficiencies within 30 days. Signed by Magistrate Judge Gordon P. Gallagher on 01/05/16. (jhawk, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02812-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.)
JOHN L. CALVERT,
Applicant,
v.
DEBORAH DENHAM,
Respondent.
ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES
Applicant, John L. Calvert, initiated this action by filing a “Motion for an Order to
Show Cause & Stay IFRP Payments” (ECF No. 1). As part of the Court=s review
pursuant to D.C.COLO.LCivR 8.1(b), the Court has determined that the submitted
document is deficient as described in this Order. Applicant will be directed to cure the
following if he wishes to pursue any claims in this Court in this action. Any papers that
Applicant files in response to this Order must include the civil action number on this Order.
28 U.S.C. ' 1915 Motion and Affidavit:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
X
X
not submitted
is missing affidavit
is missing certified copy of prisoner=s trust fund statement
is missing certificate showing current balance in prison account
is missing required financial information
is missing authorization to calculate and disburse filing fee payments
is missing an original signature by the prisoner
is not on proper form
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(9)
(10) X
names in caption do not match names in caption of complaint, petition or
habeas application
other: Applicant may pay the $5.00 filing fee in lieu of filing a
§ 1915 motion and affidavit.
Complaint, Petition or Application:
(11) X
is not submitted (Applicant must file a § 2241 application on the
court-approved form)
(12)
is not on proper 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)
addresses must be provided for all defendants/respondents in ASection A.
Parties@ of complaint, petition or habeas application
(18)
other:
Accordingly, it is
ORDERED that Applicant cure the deficiencies designated above within thirty
days from the date of this Order. Any 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 forms for
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, with the assistant of his case manager or the facility’s legal
assistant, at www.uscourts.gov. Applicant shall use the forms in curing the deficiencies.
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 January 5, 2016, at Denver, Colorado.
BY THE COURT:
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s/ Gordon P. Gallagher
United States Magistrate Judge
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