York v. Federal Bureau of Prisons

Filing 251

ORDER to Cure Deficiency re 243 Notice of Appeal, 247 Notice of Appeal, by Malachi Z. York, by Judge Philip A. Brimmer on 07/06/09. Appellant has 30 days to either pay the filing fee or a file proper 1915 motion with the district court.(bjrsl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 07-cv-01297-PAB-KLM MALACHI Z. YORK, Plaintiff, v. FEDERAL BUREAU OF PRISONS, MAUREEN CRUZ, former Associate Warden, JACK FOX, Associate Warden, BRIAN A. BLEDSOE, Warden, L. MCDERMOTT, Health Services Specialist, S. SMITH, SIS Technician, S. NAFZIGER, MD, Clinical Director, C.W. WELCH, Physician Assistant, MICHAEL NALLEY, Regional Director, D. SHIEFELBEIN, Physician Assistant, J.T. SHARTLE, former Associate Warden, RON WILEY, Warden, HERMAN O. LYLE, MD, Consultant Internist, IVAN NEGRON, MD, Medical Director, RATAEL ROMAN, MD, Clinical Director, RAIEZ, Health Administrator, G. HICK, Physician Assistant, J.F. CASTILLO, Physician Assistant, RICK STALLKAMP, Pharmacist, LAWRENCE LEYBE, DO, Clinical Director, M MILLER, Physician Assistant, A. VINYARD, Physician Assistant, Y. FETTERHOFF, Imaging Techniques Specialist, M. SWANN, Practitioner Assistant, each in his/her individual and official capacity, Defendants. ORDER TO CURE DEFICIENCY Brimmer, Judge 1 Plaintiff submitted a Notice of Appeal on June 29, 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) Filing Fee X is not submitted 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 (B) 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 2 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 6th day of July, 2009. BY THE COURT: s/Philip A. Brimmer JUDGE, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO 3

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