Hathaway v. Fox et al

Filing 4

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES, and denying 2 Motion to Deposit Postage Stamps as Security for Filing Fees, by Magistrate Judge Gordon P. Gallagher on 3/3/16.(dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 16-cv-00506-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.)
EUGENE CARL HATHAWAY,
Applicant,
v.
JACK FOX, Warden ADX,
BUREAU OF PRISONS,
EDWARD F. REILLY, Chairman of United States Parole Commission,
THOMAS N. FAUST, Director, Department of Corr. District of Columbia,
Respondents.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES

On February 24, 2016, Applicant, Eugene Carl Hathaway, filed pro se an
Application for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (ECF No. 1) and a
Motion to Deposit Postage Stamps as “Security” for Filing Fees (ECF No. 2).
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 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)
X
is not submitted

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(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)

X

(10)

X

is missing affidavit
is missing certified copy of prisoner’s trust fund statement for the 6-month
period immediately preceding this filing
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
names in caption do not match names in caption of complaint, petition or
habeas application
other: In the alternative, Applicant may pay the $5.00 filing
fee. Stamps may not be deposited as security for the filing
fee.

Complaint, Petition or Application:
(11)
is not submitted
(12)
is not on proper Court-approved 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 “Section A.
Parties” of complaint, petition or habeas application
(18)
X
other: Application appears to contain incorrect information under “Prior
Applications” section (see discussion below).
Additionally, this Court notes that Applicant currently has an application for
habeas corpus pursuant to § 2241 pending in this court, see Hathaway v. Reilly, et al.,
15-cv-1549-RBJ, which appears to assert similar claims against the same Defendants.
Despite his already pending application, Applicant checked “No” on the instant
application in reply to the question: “Have you filed any prior action in federal court in
which you raised or could have the raised the claims in this action?” (ECF No. 1 at 4).
Mr. Hathaway is warned that the Court will not tolerate abuse of the federal court
system. Mr. Hathaway should insure that the information on his Application is complete
and accurate. He also should also not attempt to litigate the same issues that were

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previously addressed or are currently pending in another federal case. Further abuse of
the federal court system may result in filing restrictions.
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 proper Court-approved
form 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 assistance of his case manager or the
facility’s legal assistant), along with the applicable instructions, at
www.cod.uscourts.gov. Applicant must use the Court-approved forms when curing the
deficiencies. 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. It is
FURTHER ORDERED that Applicant’s “Motion to Deposit Postage Stamps as
‘Security’ for Filing Fees” (ECF No. 2) is DENIED.
DATED March 3, 2016, at Denver, Colorado.
BY THE COURT:
s/Gordon P. Gallagher
United States Magistrate Judge

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