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Case 1:13-cv-01826-BNB Document 3 Filed 07/11/13 USDC Colorado Page 1 of 2



IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-01826-BNB
(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.)

JOSE APODACA,

Petitioner,

v.

[NO DEFENDANT/RESPONDENT NAMED],

Defendant.

ORDER DIRECTING PETITIONER TO CURE DEFICIENCIES

Mr. Apodaca has submitted a Letter to the Court [Doc. #1] indicating that he

wishes to challenge his state court criminal conviction. As part of the court’s review

pursuant to D.C.COLO.LCivR 8.2, the court has determined that the submitted

document is deficient as described in this order. Petitioner will be directed to cure the

following if he wishes to pursue his claims. Any papers that the 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)
(2)
(3)

X



is not submitted
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 an original signature by the prisoner
is not on proper form (must use the court’s current form)
names in caption do not match names in caption of habeas application
other: Motion is necessary only if $5.00 filing fee is not paid in advance.

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

X




X

Case 1:13-cv-01826-BNB Document 3 Filed 07/11/13 USDC Colorado Page 2 of 2

Complaint, Petition or Application:
(10)
(11)
(12)
(13)
(14)
(15)
(16)

is not submitted
is not on proper form (must use the court’s current form)
is missing an original signature by the prisoner
is missing page nos.
uses et al. instead of listing all parties in caption
names in caption do not match names in text
addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition or habeas application
other:

X
X




__

(17)



Accordingly, it is

ORDERED that Mr. Apodaca 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 Petitioner shall obtain the court-approved

Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 and Prisoner’s

Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas

Corpus Action forms (with the assistance of his case manager or the facility’s legal

assistant), along with the applicable instructions, at www.cod.uscourts.gov. It is

FURTHER ORDERED that, if the Petitioner fails to cure the designated

deficiencies within thirty (30) days from the date of this order, the application and

the action will be dismissed without further notice. The dismissal shall be without

prejudice.

DATED July 11, 2013, at Denver, Colorado.

BY THE COURT:

s/ Boyd N. Boland
United States Magistrate Judge

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