Spencer v. U.S. Postal Service et al

Filing 61

ORDER to Cure Deficiency re 58 Notice of Appeal by Roy Spencer, by Magistrate Judge Kristen L. Mix on 02/01/10. 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-02249-KLM-MEH ROY D. SPENCER, Plaintiff, v. U.S. POSTAL SERVICE and, JOHN E. POTTER, Postmaster General, Defendants. _____________________________________________________________________ ORDER TO CURE DEFICIENCY _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX Plaintiff submitted a Notice of Appeal on February 1, 2010 [Docket No. 58]. The Court has determined that the document is deficient as described in this order. Plaintiff 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 not on proper form (must use the court's current form) is missing original signature by plaintiff/petitioner on motion is missing affidavit affidavit is incomplete is missing original signature by plaintiff/petitioner on affidavit affidavit is not notarized or is not properly notarized other

Accordingly, IT IS ORDERED that Plaintiff cure the deficiencies designated above within 30 1

days from the date of this order. Any papers that Plaintiff 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 Plaintiff, 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 FURTHER ORDERED that, if Plaintiff 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: February 1, 2010 BY THE COURT: s/ Kristen L. Mix U.S. Magistrate Judge Kristen L. Mix

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