Simmons v. Zavaras et al

Filing 42

ORDER to Cure Deficiency re 37 Notice of Appeal by Leo Simmons, by Judge Christine M. Arguello on 02/01/10. Appellant has 30 days to cure the deficiency in his 1915 motion.(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, BOB KURTZ, Warden, and JOHN SUTHERS, The Attorney General of the State of Colorado, Respondents. ORDER TO CURE DEFICIENCY Weinshienk, Senior Judge Applicant submitted a Notice of Appeal on January 26, 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 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: 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 x x 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 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 thirty (30) days from the date of this order, the court of appeals will be so notified. DATED at Denver, Colorado, this 1st day of February , 2010. BY THE COURT: CHRISTINE M. ARGUELLO United States District Judge for ZITA LEESON WEINSHIENK Senior Judge, United States District Court 2

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