Nichols et al v. USA et al

Filing 33

ORDER to Cure Deficiency re: 30 Notice of Appeal filed by Mark J. Allen. Appellant has 30 days to either pay the filing fee or file a proper 1915 motion with the district court. Signed by Judge Zita L. Weinshienk on 01/07/09. (bjrsl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 08-cv-02064-ZLW TERRY L. NICHOLS, and, MARK J. ALLEN, Plaintiffs, v. UNITED STATES OF AMERICA, HARVEY LAPPIN, JOHN/JANE DOE, MICHAEL NALLEY, MS. PERRY, RON WILEY, ROD BAUER, DR. LEYBA, M.D., DR. STEVEN NAFZIGER, M.D., DARRON GALL, MR. JONES, KEITH POWLEY, DR. THOMAS WEBSTER, M.D., DR. DORRIS WILLIAMS, M..D., JOHN DOE 1, DR. NEWTON KENDING, M.D., DONALD DENNEY, D. SCHIEFELBEIN, N. GLADBACH, and B. DALGLIESH, Defendants. ORDER TO CURE DEFICIENCY Weinshienk, Senior Judge Plaintiff, Mark J. Allen submitted a Misdirected Notice of Appeal on December 30, 2008. The court has determined that the document is deficient as described in this order.

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Plaintiff, Mark J. Allen will be directed to cure the following if he wishes to pursue this appeal. (A) (B) 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: is not submitted X 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, Mark J. Allen cure the deficiencies designated above within 30 days from the date of this order. Any papers that Plaintiff, Mark J. Allen 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 Mark J. Allen, 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

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FURTHER ORDERED that, if Plaintiff, Mark J. Allen 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 7 day of January , 2009.

BY THE COURT:

ZITA L. WEINSHIENK, Senior Judge United States District Court

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