Simmons v. Zavaras et al

Filing 13

ORDER to Cure Deficiency re: 9 Notice of Appeal filed by Leo Simmons. 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, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 08-cv-02164-ZLW LEO SIMMONS, Applicant, v. ARI ZAVARAS, Executive Director, and BOB KURTZ, Warden, Respondents. ORDER TO CURE DEFICIENCY Weinshienk, Senior Judge Applicant submitted a Motion for Notice of Appeal on December 29, 2008. 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 1 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 of the following form: 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 7 day of January , 2009. BY THE COURT: ZITA L. WEINSHIENK, Senior Judge United States District Court 2

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