IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

CERTIFICATE OF MAILING
Civil Action No. 11-cv-01967-BNB
David L. Collins
Prisoner No. 122803
Kit Carson Corr. Center

PO Box 2000
Burlington, CO 80807

| hereby certify that | have mailed a copy of the ORDER and JUDGMENT to the
above-named individuals on September 26, 2011.

GREGORY C. LANGHAM, CLERK

By: Dy
Deputy Clerk



IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

“al acti FILED
Civil Action No. 11-cv-01967-BNB UNITED STATES DISTRICT COURT
DENVER, COLORANO.
DAVID L. COLLINS,
SEP 26 2011
Applicant, GREGORY C. LANGHAM
v. , CLERK

WARDEN V. EVERTT, KCCC,

Respondent.

ORDER OF DISMISSAL

Plaintiff, David L. Collins, is a prisoner in the custody of the Colorado Department
of Corrections who currently is incarcerated at the Kit Carson Correctional Center in
Burlington, Colorado. On July 29, 2011, he submitted to the Court pro se eight
documents. See ECF Nos. 1 through 8. The Court reviewed the documents,
determined they were deficient, and determined that, because Mr. Collins appeared to
be challenging the validity of his conviction, he should file his claims on the Court-
approved 28 U.S.C. § 2254 form. Therefore, on August 5, 2011, Magistrate Judge
Boyd N. Boland directed Mr. Collins to cure certain enumerated deficiencies in the case
within thirty days if he wished to pursue his claims.

The August 5 order pointed out that Mr. Collins either must submit the $5.00 filing
fee for a habeas corpus action or a Prisoner's Motion and Affidavit for Leave to Proceed
Pursuant to 28 U.S.C. § 1915 in a Habeas Corpus Action together with a certificate of

the warden showing the current balance in his prison account. The August 5 order and


the Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915
note this requirement. The August 5 order also informed Mr. Collins that he must
submit an Application for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254.

The August 5 order directed Mr. Collins to obtain the Court-approved forms and
the applicable instructions at www.cod.uscourts.gov. The August 5 order warned Mr.
Collins that the action would be dismissed without prejudice and without further notice if
he failed to cure the designated deficiencies within thirty days.

On August 25, 2011, Mr. Collins submitted a § 2254 habeas corpus application
and § 1915 motion and affidavit together with an inmate account statement. The
statement, however, is deficient because it is not certified either by the warden or an
appropriate officer at the facility where Mr. Collins is incarcerated, as required by Rule 3
of the Rules Governing Section 2254 Cases in the United States District Courts, the
August 5 order, and the § 1915 motion and affidavit.

The application will be denied and the action dismissed without prejudice for Mr.
Collins’ failure to cure all the deficiencies designated in the August 5 order to cure.

Accordingly, it is

ORDERED that the habeas corpus application is denied and the action
dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil
Procedure for the failure of Applicant, David L. Collins, within the time allowed, to cure
the deficiencies designated in the order to cure of August 5, 2011. Itis

FURTHER ORDERED that any pending motions are denied as moot. It is


FURTHER ORDERED that the document titled “Notice of Appeal Civil
Commercial Venue” is denied as unintelligible.

DATED at Denver, Colorado, this __26"__ day of __September 2011.

BY THE COURT:

s/Lewis T. Babcock
LEWIS T. BABCOCK
Senior Judge, United States District Court