Boles v. Newth et al

Filing 104

ORDER to Cure Deficiency re 99 Notice of Appeal by Russell Boles, by Judge Robert E. Blackburn on 11/09/11. (bjr, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-00223-REB-MJW RUSSELL M. BOLES, Plaintiff, v. DEVIN NEWTH, M. PECK, ABNEY, and C. HUMPHREY, Defendants. ORDER TO CURE DEFICIENCY Blackburn, Judge Plaintiff submitted a Notice of Appeal on November 8, 2011. 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) Filing Fee is not submitted (B) 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 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 X is not on proper form (must use the court’s current form) other Accordingly, it is 1 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 9th day of November, 2011. BY THE COURT: s/ Robert E. Blackburn JUDGE, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO 2

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