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WIGGINS v. HOOKS, 14-cv-01543-GPG. (2015)

Court: District Court, D. Colorado Number: infdco20150721795 Visitors: 11
Filed: Jul. 20, 2015
Latest Update: Jul. 20, 2015
Summary: ORDER DIRECTING PETITIONER TO CURE DEFICIENCIES GORDON P. GALLAGHER , Magistrate Judge . Petitioner, Kenneth Wiggins, is incarcerated in a Georgia state prison. Mr. Wiggins filed a Petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 in the United States District Court for the Southern District of Georgia challenging a detainer lodged by the State of Colorado. The Petition was transferred to this Court on July 17, 2015. A challenge to a state detainer normally is filed pursuant
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ORDER DIRECTING PETITIONER TO CURE DEFICIENCIES

Petitioner, Kenneth Wiggins, is incarcerated in a Georgia state prison. Mr. Wiggins filed a Petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 in the United States District Court for the Southern District of Georgia challenging a detainer lodged by the State of Colorado. The Petition was transferred to this Court on July 17, 2015. A challenge to a state detainer normally is filed pursuant to 28 U.S.C. § 2241.

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. Petitioner will be directed to cure the following if he wishes to pursue his claims. Any papers that Petitioner 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

(2) ___ is missing affidavit

(3) ___ is missing certified copy of prisoner's trust fund statement for the 6-month period immediately preceding this filing

(4) X is missing certificate showing current balance in prison account

(5) ___ is missing required financial information

(6) ___ is missing an original signature by the prisoner

(7) ___ is not on proper form (must use the court's current form):

(8) ___ names in caption do not match names in caption of complaint, petition or habeas application

(9) X other: § 1915 Motion and Affidavit is necessary only if $5.00 filing fee is not paid in advance.

Complaint, Petition or Application:

(10) ___ is not submitted

(11) X is not on proper form (must use the court's current form)

(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) ___ names in caption do not match names in text

(16) ___ addresses must be provided for all defendants/respondents in "Section A. Parties" of complaint, petition or habeas application

(17) ___ other:

Accordingly, it is

ORDERED that the Mr. Wiggins cure the deficiencies designated above within thirty (30) days from the date of this order. Any papers which the Petitioner files in response to this order must include the civil action number on this order. It is

FURTHER ORDERED that the Clerk of the Court shall mail to Petitioner copies of the court-approved forms for filing an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 and Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas Corpus Action, along with the applicable instructions. It is

FURTHER ORDERED that, if Petitioner fails to cure the designated deficiencies within thirty (30) days from the date of this order, the Petition and the action will be dismissed without further notice. The dismissal shall be without prejudice.

Source:  Leagle

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