Brown v. Milyard et al
ORDER to Cure Deficiency re 26 Notice of Appeal by Toney Brown, by Judge Zita L. Weinshienk on 06/03/09. Appellant has 30 days to either pay the filing fee or file a proper 1915 motion with district court.(bjrsl, )
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 08-cv-02060-ZLW TONEY LAMAR BROWN, Applicant, v. KEVIN MILYARD, Warden, S.C.F., and JOHN SUTHERS, The Attorney General of the State of Colorado, Respondents. ORDER TO CURE DEFICIENCY Weinshienk, Senior Judge Applicant submitted a Motion Requesting A Certificate of Appealabilty which is being treated as a Notice of Appeal on June 3, 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
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 3rd day of June, 2009. BY THE COURT:
ZITA L. WEINSHIENK, Senior Judge United States District Court
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