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Montgomery v. United States

United States District Court, D. Colorado

June 9, 2014

MICHAEL D. MONTGOMERY, Applicant,
v.
UNITED STATES OF AMERICA, Respondent.

ORDER DIRECTING APPLICANT TO CURE DEFICIENCIES AND SHOW CAUSE

CRAIG B. SHAFFER, Magistrate Judge.

Applicant, Michael D. Montgomery, is a prisoner in the custody of the Federal Bureau of Prisons (BOP) who currently is incarcerated at the Federal Correctional Institution in Englewood, Colorado.

Mr. Montgomery has filed pro se an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (ECF No. 1) and a Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas Corpus Action (ECF No. 3), neither of which is on the Court-approved form. He is challenging the validity of his conviction and sentence.

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 any claims in this Court in this action. Any papers that Applicant 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) 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) 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, petition or habeas application

(9) X other: § 1915 motion and affidavit and certificate showing current balance in prison account only are necessary if ...


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