McCarthy v. Warden

Filing 67

ORDER to Cure Deficiency re 64 Notice of Appeal by John McCarthy, by Judge Robert E. Blackburn on 06/18/10. Appellant has 30 days to either pay the filing fee or file a 1915 motion with district court.(bjrsl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 08-cv-00961-REB JOHN J. MCCARTHY, Applicant, v. WARDEN USP FLORENCE, Respondent. ORDER TO CURE DEFICIENCY Blackburn, Judge Applicant submitted a Notice of Appeal on June 17, 2010. 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 at Denver, Colorado this 18th day of June, 2010. BY THE COURT: s/ Robert E. Blackburn JUDGE, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO 2

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