IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

CERTIFICATE OF MAILING
Civil Action No. 11-cv-02400-BNB
Thomas Claiborne
Prisoner No. 0305314
Denver County Jail

PO Box 1108
Denver, CO 80201

| hereby certify that | have mailed a copy of the ORDER to the above-named
individuals on September 16, 2011.

GREGORY C. LANGHAM, CLERK

~’ Deputy Clerk


FILED

IN THE UNITED STATES DISTRICT COURT *Benyen GSERIGT COURT
FOR THE DISTRICT OF COLORADO
SEP 16 2011
Civil Action No. 11-cv-02400-BNB GREGORY C. LANGHAM
(The above civil action number must appear on all future papers CLERK

sent to the court in this action. Failure to include this number
may result in a delay in the consideration of your claims.)

THOMAS CLAIBORNE,

Applicant,

Vv.
THE COUNTY OF DENVER, COLORADO,

Respondent.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES

Applicant has submitted a Motion for Habeas Corpus. 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 which the Applicant files in
response to this order must include the civil action number on this order.

28 U.S. ¢. § 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) X _ 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) __  Anoriginal and a copy have not been received by the court.


Only an original has been received.

(10) _X  other:_Motion is necessary only if $5.00 filing fee is not paid in advance.

Complaint, Petition or Application:
(11) XX — is not submitted

(12) __ _ is not on proper form (must use the court’s current form)

(13) __ _ is missing an original signature by the prisoner

(14) __ is missing page nos. __

(15) __ __uses et al. instead of listing all parties in caption

(16) __ — Anoriginal and a copy have not been received by the court. Only an
original has been received.

(17) __ Sufficient copies to serve each defendant/respondent have not been
received by the court.

(18) __ names in caption do not match names in text

(19) X_ other: The only proper Respondent in a habeas corpus action is
Applicant's current warden, superintendent, jailer or other custodian.

Accordingly, it is

ORDERED that the Applicant cure the deficiencies designated above within
thirty (30) days from the date of this order. Any papers which the Applicant files in
response to this order must include the civil action number on this order. It is

FURTHER ORDERED that the Applicant shall obtain the court-approved
Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 ina
Habeas Corpus Action and Application for a Writ of Habeas Corpus Pursuant to 28
U.S.C. § 2254 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 Applicant fails to cure the designated
deficiencies within thirty (30) days from the date of this order, the action will be

dismissed without further notice. The dismissal shall be without prejudice.


DATED at Denver, Colorado, this 16" day of September, 2011.
BY THE COURT:

ig B. If
Craig B. Shaffer
United States Magistrate Judge