Doe v. City of Albuquerque

Filing 18

[9781090] Appellant's deficient brief and appendix filed by City of Albuquerque. Type of deficiencies (brief): the sealed briefs were not submitted in separate sealed envelopes; the statements of jurisdiction, issues, case, facts and the summary of argument were not included in the primary portion of the brief (those portions are subject to the type-volume limitations) and should be double-spaced; the footnote(s) are not in compliance with typeface requirements; missing certificate of digital submission. Type of deficiency (appendix): the sealed appendix was not submitted in separate sealed envelopes; no certificate of service. Appellant's corrected brief and a certificate of service and envelopes for the appendix are due on 08/02/2010 for City of Albuquerque.

Doe v. City of Albuquerque

Doc. 18

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT OFFICE OF THE CLERK
Byron White United States Courthouse 1823 Stout Street Denver, Colorado 80257 [phone]

Elisabeth A. Shumaker Clerk of Court

July 21, 2010

Douglas E. Cressler Chief Deputy Clerk

Mr. Peter H. Pierotti Mr. Gregory S. Wheeler City of Albuquerque Legal Department P. O. Box 2248 Albuquerque, NM 87103 RE: 10-2102, Doe v. City of Albuquerque Dist/Ag docket: 1:08-CV-01041-MCA-LFG

Dear Counsel: Appellant's brief is deficient because: The statement of jurisdiction, statement of the issues, statement of the case, statement of the facts, and summary of the argument are subject to the type-volume limitation and, therefore, incorrectly placed in the brief. See Fed. R. App. P. 32(a)(7)(B)(iii) for the portions which may be excluded from the limitation. Since it appears that a corrected brief would exceed 30 pages, counsel is reminded that a certificate of compliance may now be required. See Fed. R. App. P. 32(a)(7)(C). The issues presented for review is not double spaced. See Fed. R. App. P. 32(a)(4). The typeface of the footnotes is too small. See Fed. R. App. P. 32(a)(5). You must file a corrected brief. When submitting hard copies of the corrected brief, each copy should be placed in a separate sealed envelope. To make an effective cover for the sealed envelopes, counsel may tape a copy of the cover of the document to the envelope. The appendix does not contain proof of service. This may be corrected by filing a separate certificate of service for the appendix. Envelopes for the 2 copies of the appendix should be submitted with the corrected hard copies of the briefs (as noted above).

Dockets.Justia.com

The time to file a response brief will run from the date of service of appellant's corrected brief. If you fail to correct the stated deficiencies within 10 days of the date of this letter, the deficient brief will not be filed. In addition, the appeal may be dismissed without further notice. Please contact this office if you have questions. Sincerely,

Elisabeth A. Shumaker Clerk of the Court

cc:

George L. Bach Jr. John C. Bienvenu Philip B. Davis Brendan K. Egan Richard Warren Hughes Laura Louise Schauer Ives Maureen A. Sanders

EAS/sls

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