Cohen v. Hodges et al

Filing 12

ORDER to Cure Deficiency re: 9 Notice of Appeal filed by Solomon Ben-Tov Cohen by Judge Zita L. Weinshienk on 02/26/09. Appellant has 30 days to either pay the filing fee or file a proper 1915 motion with the district court.(bjrsl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 08-cv-02806-ZLW SOLOMON BEN-TOV COHEN, Plaintiff, v. STEVE HODGES, Inspector, United States Postal Service, JOHN E. FULLER, Inspector, United States Postal Service, KENT PROSE, Investigator, Office of District Attorney, OFFICER E. QUINTANA, Denver County Police, MITCHELL R. MORRISSEY, District Attorney, KANDACE GERDES, Deputy District Attorney, JOSEPH MORALES, Chief Deputy District Attorney, and STATE OF COLORADO, Defendants. ORDER TO CURE DEFICIENCY Weinshienk, Senior Judge Plaintiff submitted a Notice of Appeal on February 20, 2009. 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 is not submitted X 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 1

is not on proper form (must use the court's current form) other Accordingly, it is ORDERED that Plaintiff cure the deficiencies designated above within 30 days from the date of this order. Any papers that Plaintiff 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, 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 30 days from the date of this order, the court of appeals will be so notified. DATED at Denver, Colorado this 26th day of February, 2009. BY THE COURT:

ZITA L. WEINSHIENK, Senior Judge United States District Court

2