IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

CERTIFICATE OF MAILING
Civil Action No. 11-cv-02383-BNB
Russell L Ashley
Reg. No. 15561-051
USP Florence - High
PO Box 7000
Florence, CO 81226

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

GREGORY C. LANGHAM, CLERK

» K
’7 Deputy Clerk


FILED

UNITED STATES DISTRICT COURT
IN THE UNITED STATES DISTRICT COURT DENVER, COLORADO
FOR THE DISTRICT OF COLORADO
SEP 1 6 2011

GREGORY C. LANGHAM

Civil Action No. 11-cv-02383-BNB : CLERK
(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.)

RUSSELL L. ASHLEY,
Petitioner,

Vv.

WARDEN DANIELS,

Respondent.

ORDER DIRECTING PETITIONER TO CURE DEFICIENCIES

Petitioner, Russell L. Ashley, a federal prisoner currently housed in the State of
Colorado, originally filed a 28 U.S.C. § 2241 action in the United States District Court for
the District of New Mexico. The District of New Mexico determined that the action
properly is filed in the United States District Court for the District of Colorado and
entered an order that transferred the action to this Court.

Petitioner has submitted a Petition Under 28 U.S.C. § 2241 for a Writ of Habeas
Corpus, an Application to Proceed in District Court Without Prepaying Fees or Costs
and a Letter. As part of this Court's review pursuant to D.C.COLO.LCivR 8.2, this Court
has determined that the submitted documents are deficient as described in this order.
Petitioner will be directed to cure the following if he wishes to pursue his claims. Any

papers that 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) 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) xx is missing certificate showing current balance in prison account

(5) __ __ is missing an original signature by the prisoner

(6) xx __ is not on proper form (must use the Court's current form)

(7) _ Names in caption do not match names in caption of complaint, petition or

habeas application
(8) An original and a copy have not been received by the Court.
Only an original has been received.

k |

(9) Other: Motion is necessary only if $5.00 filing fee is not paid in advance.

Complaint, Petition or Application:

(10) __ is not submitted

(11) 2% — is not on proper form (must use the Court's current form)

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

(13) __ is missing page nos. ___

(14) __ Uses et al. instead of listing all parties in caption

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

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

(17) __ Names in caption do not match names in text

(18) __ Other

Accordingly, it is

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

FURTHER ORDERED that the Petitioner 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. § 2241 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 Petitioner fails to cure the designated deficiency

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:

s/Craig B. Shaffer
Craig B. Shaffer

United States Magistrate Judge