Frazier v. Ortiz et al

Filing 142

ORDER to Cure Deficiency re 139 Notice of Appeal by Keith Frazier, by Judge Christine M. Arguello on 04/01/10. Appellant has 30 days to either pay the filing fee or file a proper 1915 motion with district court.(bjr, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 07-cv-02131-CMA-KMT KEITH FRAZIER, Plaintiff, v. JOE ORTIZ, Executive Director, CDOC, AL ESTEP, Warden, LCF, LOU ARCHULETA, Warden, LCF, DELAYNE TORNOWSKI, Associate Warden, LCF, ANTHONY A. DECESARO, Step III Grievance Officer, CDOC, JOHN DOE #1, Law Librarian, LCF, HIGGENBOTHEM, Law Librarian, LCF, A. COSNER, Olaw Librarian, LCF, ANTHONY, Case Manager, LCF, P. GABRIEL (*5165), Mailroom Employee, LCT, C. JACQUES, Mailroom Employee, LCF, SANDI PATRICK-HENDRIX, Mailroom Employee, LCF, CATHIE HOLST, Office of Correctional Legal Services, Central Reading Committee Chair, CDOC, TREVOR WILLIAMS, Review Committee Chair, Custody/Control Manager, LCF, TONY OUTEN, Custody/Control Manager, LCF, JOHN DOE #2, Chief of Clinical Services, LCF, BILL RUSHER, Reading Committee Chair, LCF, and TOM O'BRIEN, Step II Grievance Officer, LCF, Defendants. ORDER TO CURE DEFICIENCY Arguello, Judge Plaintiff submitted a Notice of Appeal on March 29, 2010. 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.

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(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

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 1st day of April, 2010. BY THE COURT:

_______________________________ CHRISTINE M. ARGUELLO United States District Judge

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