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Holt v. Zupan

United States District Court, D. Colorado

December 22, 2014

JOSEPH ORIN HOLT, Petitioner,
v.
ZUPAN, Warden, Respondent.

ORDER DIRECTING PETITIONER TO CURE DEFICIENCIES

GORDON P. GALLAGHER, Magistrate Judge.

Petitioner, Joseph Orin Holt, is a prisoner in the custody of the Colorado Department of Corrections ("CDOC") and is currently incarcerated at the Colorado Territorial Correctional Facility in Canón City, Colorado. Mr. Holt initiated this action by filing an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 and a Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas Corpus Action. In the Application, Mr. Holt complains that he is being forced to complete sex offender treatment for offenses that occurred 30-40 years ago, long before the Sex Offender Treatment Program was instituted in 1998 in conjunction with the Sex Offender Lifetime Supervision Act, COLO. REV. STAT. § 18-1.3-1001, et seq. He asserts that he is being denied earned time credits and prison jobs because he refuses to participate in the program. Mr. Holt seeks declaratory and injunctive relief.

"The essence of habeas corpus is an attack by a person in custody upon the legality of that custody, and... the traditional function of the writ is to secure release from illegal custody." See Preiser v. Rodriguez, 411 U.S. 475, 484 (1973). "Petitions under § 2241 are used to attack the execution of a sentence, see Bradshaw v. Story, 86 F.3d 164, 166 (10th Cir.1996).

It is well established in the Tenth Circuit that a habeas corpus application is an improper vehicle for a prisoner to challenge the conditions of his confinement. See McIntosh v. United States Parole Comm'n, 115 F.3d 809, 811-12 (10th Cir. 1997). Generally, a state prisoner's challenge to his conditions of confinement is cognizable under 42 U.S.C. § 1983. Id. Mr. Holt's allegations implicate the conditions of his confinement, not the execution of his 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. Mr. Holt will be directed to cure the following if he wishes to pursue his claims. Any papers that Mr. Holt files in response to this Order must include the civil action number noted above in the caption of this Order.

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

(1) ___ is not submitted

(2) ___ is missing affidavit

(3) xx is missing certified copy of prisoner's trust fund statement for the 6-month period immediately preceding this filing

(4) ___ is missing certificate showing current balance in prison account

(5) ___ is missing required financial information

(6) xx is missing authorization to calculate and disburse filing fee payments

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

(8) xx is not on proper form (must use form applicable to a ...


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