Rueb et al v. Zavaras et al

Filing 123

ORDER to Cure Deficiency re 119 Notice of Appeal. Plaintiffs have 30 days to either pay filing fee or to each file a 1915 motion, by Judge Zita L. Weinshienk on 7/22/09. (gmssl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-00072-ZLW JUSTIN J. RUEB, #94567, also known as JUSTIN RUEB, also known as JUSTIN JOSEPH RUEB, RUDY BALL #117586, VERNON TEMPLEMAN #51255, RAY MAYNES #102755, JORDON BURDEN #94635, LEROY ARMIJO #64355, RAYMOND CAIN #88807, JAMES R. WASHINGTON #126954, CARLOS MONDRAGON #69193, ROBBY VALENZUELA #60577, also known as ROBBY VALANZUELA, also known as BOBBY VALENZUELA, also known as BOBBY VALANZUELA, ALAN MEADS #131676, JACOB OAKLEY #123294, LARRY UPTON #118846, WAYNE LUOMA #114976, FRANCISCO CORDOZA #109770, PATRICK PLACENSIO #66074, SHAWN SHIELDS #69301, GEORGE SHANKLIN #60141, RICKY MAES #127326, ROY HERNANDEZ #57239, CESAR CABRERA #114314, GILBERT MONTUR #68621, LARRY SCOTT #56287, JARED VILLAREAL #118512, KHADASI A. HORTON #123224, SHANE CROOK #102750, DUSTIN A. SHERWOOD #109711, JOHNNY J. QUINTANA #49673, ANASTASIA HELOV, and DARYL WAGNER #60176, Plaintiffs, v. 1

ARISTEDES ZAVARAS, BROWN (CAPTAIN), JOHN OR JANE DOE #3, DENNIS BURBANK, KATHLEEN BOYD, DANIEL DENT, JIM GENTILE, CATHIE HOLST, JOHN OR JANE DOE #1, C. MCCARTY, CHRISTINE MOSCHETTI, R. OLIVETT, LARRY REID, C. ROY, PEGGY STEELE, RICHARD WREN, D. ZUPAN, BUCHANAN, EUGENE ATHERTON, C. BARR, CORTEZ, D.P. DIAZ, SUE GRISENTI, H.T. HUERTAS, JOHN DOE #2, MUNSON, M.N. MCCORMICK, JAMES A. OLSON, J. ROMERO, KEN SALAZAR, R. TWILLNER, D. WILLIAMS, BROWN (SERGEANT), S. OWENS, BOBBY ALLEN, Y. BROWN, ANNE DEFUSCO, DANNY FOSTER, M. HILDEBRAND, CARL HOLDITCH, J. JIMINEZ, MCGREGORY, C. MAY, PANEK, 2

RODECAPE, JOHN SUTHERS, G. VENDETTI, H. WILLIAMS, ANTHONY DECESARO, R. WILLIAMS, ROBERT ALLEN, BRANDT, JAMES DALTON, S. GARCIA, HALSTEAD, SUSAN JONES, ANGEL MEDINA, MARTINEZ, DONICE NEAL, J. PEDRIE, W. RICHTER, JOHN STONER, H. WILKINS, and J. WRIGHT, Defendants. ORDER TO CURE DEFICIENCY Weinshienk, Senior Judge Plaintiffs submitted a Notice of Appeal on July 16, 2009. The court has determined that the document is deficient as described in this order. Plaintiffs will be directed to cure the following if they wish 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: X is not submitted for each Plaintiff 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 3

X

is missing an original signature by the prisoner is not on proper form (must use the court's current form) other: § 1915 motions from each plaintiff are not necessary if the $455.00 appellate filing fees ($5.00 filing fee and $450.00 docket fee) are paid to the Clerk of the District Court

Accordingly, it is ORDERED that Plaintiffs cure the deficiencies designated above within 30 days from the date of this order. No extensions of time will be granted. Any papers that Plaintiffs file 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 Plaintiffs, 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 any 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 22nd day of July, 2009. BY THE COURT:

ZITA L. WEINSHIENK, Senior Judge United States District Court

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