Spencer v. U.S. Postal Service et al

Filing 63

MINUTE ORDER re: 61 Order to Cure Deficiency by Magistrate Judge Kristen L. Mix on 02/02/10. The Order to Cure was issued in error, as Plaintiff previously filed a motion for in forma pauperis and was granted. The Order of February 1, 2010 is vacated and the court will review Plaintiff's previously filed motion. USCA case no. 10-1029. (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. _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court sua sponte. In its Order of February 1, 2010 [Docket No. 61], the Court directed Plaintiff to cure deficiencies in his Notice of Appeal [Docket No. 58] by either submitting his filing fee or filing a Motion and Affidavit for Leave to Proceed on Appeal Pursuant to 28 U.S.C. § 1915 and Fed. R. App. P. 24. This Order was issued in error, as Plaintiff previously filed a Motion for Leave to Proceed Pursuant to 28 U.S.C. § 1915 [Docket No. 1]. Accordingly, IT IS HEREBY ORDERED that the Order of February 1, 2010 is VACATED. The Court will review Plaintiff's previously filed Motion [#1]. Dated: February 2, 2010