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ZUNIGA v. FALK, 13-cv-02247-BNB. (2013)

Court: District Court, D. Colorado Number: infdco20130823869 Visitors: 12
Filed: Aug. 22, 2013
Latest Update: Aug. 22, 2013
Summary: ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES BOYD N. BOLAND, Magistrate Judge. Applicant, Genero Zuniga, is a prisoner in the custody of the Colorado Department of Corrections who currently is incarcerated at the correctional facility in Sterling, Colorado. He has submitted pro se an Application for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2254 (ECF No. 1) and the $5.00 filing fee. As part of the court's review pursuant to D.C.COLO.LCivR 8.2, the court has determined that the submitte
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ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES

BOYD N. BOLAND, Magistrate Judge.

Applicant, Genero Zuniga, is a prisoner in the custody of the Colorado Department of Corrections who currently is incarcerated at the correctional facility in Sterling, Colorado. He has submitted pro se an Application for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 (ECF No. 1) and the $5.00 filing fee. As part of the court's review pursuant to D.C.COLO.LCivR 8.2, the court has determined that the submitted § 2254 application is 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

(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) ___ 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) ___ other:

Complaint, Petition or Application:

(10) ___ is not submitted

(11) ___ is not on proper 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) X other: Applicant fails to allege claim five. He only asserts supporting factual allegations.

Accordingly, it is

ORDERED that Applicant cure the deficiencies designated above within thirty (30) 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, if necessary, the court-approved form for filing an Application for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 (with the assistance of his case manager or the facility's legal assistant), along with the applicable instructions, at www.cod.uscourts.gov, and use that form in curing the designated deficiencies. Alternatively, Applicant may submit an amended version of his original application that states his claim five. It is

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

Source:  Leagle

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