Burton, Jr. v. Richardson

Filing 4

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES by Magistrate Judge Gordon P. Gallagher on 1/21/16. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 16-cv-0140-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.)
BOBBY E. BURTON JR.,
Applicant,
v.
[NO NAMED RESPONDENT],
Respondent.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES

Applicant Bobby E. Burton Jr. initiated this action by 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

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.

28 U.S.C. ' 1915 Motion and Affidavit:
(1)
(2)
(3)
(4)

X

is not submitted
is missing affidavit
is missing certified copy of prisoner's trust fund statement for the 6-month
period immediately preceding this filing
Applicant has not submitted a certified account statement showing the

(5)
(6)
(7)
(8)

X

(9)
(10)

current balance in his inmate account
is missing required financial information
is missing an original signature by the prisoner
is not on proper form (must use the Court=s current 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) X
(14)
(15)
(16)
(17)
(18)
(19)

is not submitted
is not on proper form (must use a Court-approved form used in filing 28
U.S.C. ' 2241 Application if Applicant is challenging the execution of his
sentence)
is missing an original signature by Applicant
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
X
other: All sections of the form are not properly completed.

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 used
to file 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
assistant), along with the applicable instructions, at www.cod.uscourts.gov. It is

2

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 21, 2016, at Denver, Colorado.
BY THE COURT:
s/Gordon P. Gallagher
United States Magistrate Judge

3