Murphy v. Colorado Department of Corrections et al

Filing 214

ORDER to Cure Deficiency. Plaintiff has 30 days to either pay the filing fee or to file a 1915 moion re 212 Notice of Appeal, by Judge Robert E. Blackburn on 10/2/09. (gmssl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 06-cv-01948-REB-BNB DANIEL E. MURPHY, Plaintiff, v. COLORADO DEPARTMENT OF CORRECTIONS, ("CDOC"), PEGGY HEIL, DON MORTON, LARRY TURNER, PAUL HOLLENBECK, and MIKE LEEWAYE, Defendants. ORDER TO CURE DEFICIENCY Blackburn, Judge Plaintiff submitted a Notice of Appeal on October 1, 2009. The court has determined that the document is deficient as described in this order. Plaintiff will be directed to cure the following if he wishes to pursue this appeal. (A) (B) Filing Fee is not submitted X Motion and Affidavit for Leave to Proceed on Appeal Pursuant to 28 U.S.C. 1915 and Fed. R. App. P. 24: X is not submitted is missing affidavit is missing certified copy of prisoner's trust fund statement for the 6-month period immediately preceding this filing is missing required financial information is missing an original signature by the prisoner is not on proper form (must use the court's current form) other 1 Accordingly, it is ORDERED that Plaintiff cure the deficiencies designated above within 30 days from the date of this order. Any papers that Plaintiff filed in response to this order must include the civil action number on this order. It is FURTHER ORDERED that the Clerk of the Court mail to Plaintiff, together with a copy of this order, an original and one copy of the following forms: Motion and Affidavit for Leave to Proceed on Appeal Pursuant to 28 U.S.C. 1915 and Fed. R. App. P. 24. It is FURTHER ORDERED that, if Plaintiff fails to cure the designated deficiencies within 30 days from the date of this order, the court of appeals will be so notified. DATED at Denver, Colorado this 2d day of October, 2009. BY THE COURT: s/ Robert E. Blackburn JUDGE, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO 2

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