Keith v. Green et al

Filing 4

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES by Magistrate Judge Gordon P. Gallagher on 3/7/16. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 16-cv-00536-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.)
JAMES W. KEITH,
Applicant,
v.
STEVEN GREEN, Warden, and
CYNTHIA COFFMAN, the Attorney General of the State of Colorado,
Respondents.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES

On March 3, 2016, Applicant, James W. Keith, filed pro se an Application for Writ
of Habeas Corpus Pursuant to 28 U.S.C. § 2254 (ECF No. 1) and a Prisoner’s Motion
and Affidavit for Leave to Proceed on Appeal Pursuant to 28 U.S.C. § 1915 and Fed. R.
App. P. 24 in a Habeas Corpus Action (ECF No. 3).
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)
is not submitted

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

X

(9)
(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. Applicant must use the court-approved Prisoner’s
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 in
a Habeas Corpus Action – not the form for appeals.
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.

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)
other:).
Accordingly, it is
ORDERED that Applicant cure the deficiency 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 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
deficiency. It is

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FURTHER ORDERED that, if Applicant fails to cure the designated deficiency
within thirty days from the date of this Order, the action will be dismissed without
further notice.
DATED March 7, 2016, at Denver, Colorado.
BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge

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