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Case 1:13-cv-01867-BNB Document 8 Filed 07/30/13 USDC Colorado Page 1 of 3



IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-01867-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.)

DONALD OLOYEA WALLIN, a.k.a. OLOYEA WALLIN,

Applicant,

v.

ROGER WERHOLTZ, Executive Director of Colorado Department of Corrections,

Respondent.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES

Applicant, Donald Oloyea Wallin, is in the custody of the Colorado Department of

Corrections and currently is incarcerated at the Crowley County Correctional Facility in

Olney Springs, Colorado. Applicant has submitted 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. Applicant also submitted other various motions.

As part of the Court’s review pursuant to D.C.COLO.LCivR 8.2, 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 his claims. Any

papers that Applicant files in response to this Order must include the civil action number

on this Order.

Case 1:13-cv-01867-BNB Document 8 Filed 07/30/13 USDC Colorado Page 2 of 3

28 U.S.C. § 1915 Motion and Affidavit:

(1)
(2)
(3)

(4)

(5)
(6)
(7)
(8)

(9)

(10)





X



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
account statement does not include the current balance in Applicant’s
prison account and 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)
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:
(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
An original and a copy have not been received by the court. Only an
original has been received.
Sufficient copies to serve each defendant/respondent have not been
received by the court.
names in caption do not match names in text
other:








(17)

(18)
(19)






Accordingly, it is

ORDERED that Applicant cure the deficiencies 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 Court-approved form used

in filing a 28 U.S.C. § 1915 Motion, if necessary, (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

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Case 1:13-cv-01867-BNB Document 8 Filed 07/30/13 USDC Colorado Page 3 of 3

FURTHER ORDERED that if Applicant fails to cure the designated deficiencies

within thirty days from the date of this Order the action will be dismissed without

further notice. It is

FURTHER ORDERED that Applicant’s Motion for Evidentiary Hearing, ECF No.

7, Motion for Appointment of Counsel, ECF No. 4, and Motion and Affidavit for

Discovery, ECF No. 5, are denied as premature.

DATED July 30, 2013, at Denver, Colorado.

BY THE COURT:

s/Boyd N. Boland
United States Magistrate Judge

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