Wood v. Milyard et al

Filing 32

ORDER to Cure Deficiency re 27 Notice of Appeal by Patrick Wood, by Chief Judge Wiley Y. Daniel on 08/11/09. Appellant has 30 days to either pay the filing fee or file a proper 1915 motion with district court.(bjrsl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Wiley Y. Daniel Civil Action No. 08-cv-00247-WYD PATRICK WOOD, Applicant, v. KEVIN MILYARD, Warden, Sterling Correctional Facility, and THE ATTORNEY GENERAL OF THE STATE OF COLORADO, Respondents. ORDER TO CURE DEFICIENCY Applicant submitted a Application for Certificate of Appealability which is being treated as a Notice of Appeal on August 5, 2009. The court has determined that the document is deficient as described in this order. Applicant will be directed to cure the following if he wishes to pursue this appeal. (A) (B) Filing Fee X is not submitted Prisoner's Motion and Affidavit for Leave to Proceed on Appeal Pursuant to 28 U.S.C. 1915 and Fed. R. App. P. 24 in a Habeas Corpus Action: X is not submitted is missing affidavit 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 1 ORDERED that Applicant cure the deficiencies designated above within thirty (30) days from the date of this order. Any papers that Applicant files 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 Applicant, together with a copy of this order, an original and one copy of the following forms: Prisoner's Motion and Affidavit for Leave to Proceed on Appeal Pursuant to 28 U.S.C. 1915 and Fed. R. App. P. 24 in a Habeas Corpus Action. It is FURTHER ORDERED that, if Applicant fails to cure the designated deficiencies within 30 days from the date of this order, the court of appeals will be so notified. Dated: August 11, 2009 BY THE COURT: s/ Wiley Y. Daniel Wiley Y. Daniel Chief United States District Judge 2

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