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Angle v. United States

United States District Court, Tenth Circuit

December 19, 2013

CHAD ANGLE, Applicant,
v.
UNITED STATES OF AMERICA, Respondent.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES

BOYD N. BOLAND, Magistrate Judge.

Chad Angle is in the custody of the Colorado Department of Corrections and currently is incarcerated at the correctional facility in Sterling, Colorado. Mr. Angle initiated this action by filing a Motion to Proceed In Forma Pauperis and a Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. § 2255. A review of the Motion to Vacate shows that Applicant is challenging the validity of a State of Colorado criminal proceeding. The action, therefore, more properly is filed pursuant to 28 U.S.C. § 2254.

As part of the Court's review pursuant to D.C.COLO.LCivR 8.1(b), 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.

In the Motion to Proceed In Forma Pauperis, Mr. Angle discusses his intent to file tort cases and his inability to pay the filing fee. If Mr. Angle intends to submit civil complaints he must do so in separate actions. The Court will not consider a habeas corpus application and a civil complaint in the same action.

Also, 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, Mr. Angle is directed to name as Respondent the custodian of the facility where he is incarcerated along with the attorney general of the State of Colorado.

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

(1) ___ is not submitted

(2) ___ is missing affidavit

(3) X is missing certified copy of prisoner's trust fund statement showing the current balance in Mr. Angle's prison account

(4) ___ the account statement showing the current balance in Mr. Angle's prison account is not certified

(5) ___ is missing required financial information

(6) ___ is missing an original signature by the prisoner

(7) X is not on proper form (must use the Court's current form)

(8) ___ names in caption do not match names in caption of complaint, ...


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