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Case 1:13-cv-02552-BNB Document 3 Filed 09/19/13 USDC Colorado Page 1 of 3



IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-02552-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.)

CESAR GRAJEDA,

Applicant,

v.

UNITED STATES OF AMERICA,

Respondent.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCY

Applicant, Cesar Grajeda, who is represented by counsel, is in the custody of the

United States Bureau of Prisons and currently is incarcerated at the United States

Penitentiary in Florence, Colorado. Applicant has submitted a “Petition for Writ of

Habeas Corpus Pursuant to 28 U.S.C. § 2241" [Doc. # 1] and has paid 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 document is 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.

Applicant also is instructed that pursuant to 28 U.S.C. § 2243 an application for

writ of habeas corpus is directed to the person who has custody of the detained person.

Therefore, Applicant is directed to name as Respondent the custodian of the facility

Case 1:13-cv-02552-BNB Document 3 Filed 09/19/13 USDC Colorado Page 2 of 3

where he is incarcerated.

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

(1)
(2)
(3)

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

(9)

(10)















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 certified statement 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 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: Applicant fails to name a proper Respondent.


X





(17)



(18)
(19)


X

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 a copy of the court-approved

Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241, along with the

applicable instructions, at www.cod.uscourts.gov. It is

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Case 1:13-cv-02552-BNB Document 3 Filed 09/19/13 USDC Colorado Page 3 of 3

FURTHER ORDERED that if Applicant fails to cure the designated deficiency

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

further notice.

DATED September 19, 2013, at Denver, Colorado.

BY THE COURT:

s/Boyd N. Boland
United States Magistrate Judge

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