Ferrara v. Miller

Filing 4

ORDER DIRECTING MR. FERRARA TO CURE DEFICIENCIES by Magistrate Judge Gordon P. Gallagher on 3/29/16. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 16-cv-00721-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.)
PETER FERRARA,
Applicant,
v.
MICHAEL MILLER, Warden, Crowley County Correctional Facility,
Respondent.
ORDER DIRECTING MR. FERRARA TO CURE DEFICIENCIES

Mr. Peter Ferrara 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. Ferrara asserts that Michael Miller has failed to provide adequate care for Mr.
Ferrara’s mental health needs. Mr. Ferrara 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.
Ferrara will be directed to cure the following if he wishes to pursue his claims. Any
papers that Mr. Ferrara files in response to this Order must include the civil action number
on this Order.
Furthermore, Mr. Ferrara 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
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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. '
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)

1915 Motion and Affidavit:
is not submitted
is missing affidavit
prisoner=s trust fund statement is not certified
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 used in filing
prisoner civil rights complaints)
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:
(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:
Accordingly, it is
ORDERED that Mr. Ferrara cure the deficiencies designated above within thirty
days from the date of this Order. Any papers that Mr. Ferrara files in response to this
Order must include the civil action number on this Order. It is

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FURTHER ORDERED that Mr. Ferrara shall obtain the proper Court-approved
forms for filing a Prisoner Complaint, (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. Ferrara fails to cure the designated deficiencies
within thirty days from the date of this Order the action will be dismissed without
further notice.
DATED March 29, 2016, at Denver, Colorado.
BY THE COURT:
s/Gordon P. Gallagher
United States Magistrate Judge

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