Firth v. Shoemaker et al

Filing 48

ORDER to Cure Deficiency re 43 Notice of Appeal by Scott Firth, by Judge Marcia S. Krieger on 04/13/10. Appellant has 30 days to submit a proper 1915 motion with district court.(bjrsl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Civil Action No. 09-cv-00224-MSK-MJW SCOTT FIRTH, Plaintiff, v. JONI SHOEMAKER, indiviudally, and in her official capacity as Deputy Director of Clinical Services, PEGGY HEIL, individually, and in her official capacity as Chief of Rehabilitation Programs, JOE STOMMEL, individually, and in his official capacity as Chief of Rehabilitation Programs, BURL MCCULLAR, individually, and in his official capacity as Sex Offender Treatment Program Manager, SAMUEL DUNLAP, individually, and in his official capacity as SOTMP Phase II Program Coordinator, CHRISTINE TYLER, individually, and in her official capacity as SOTMP Therapist, DWIGHT MARTINEZ, inidivudally, and in his official capacity as SOTMP Therapist, PAT MOSHURE, indiviudall, and in her official capacity as SOTMP Therapist, JACULYN MAUS, inidivudally, and in her official capacity as SOTMP Therapist, LENNY WOODSON, individually, and in his official capacity as SOTMP Therapist, and TINA VALDEZ, inidividually, and in her official capacity as SOTMP Therapist, Defendants. ORDER TO CURE DEFICIENCY Krieger, Judge Plaintiff submitted a Notice of Appeal on April 9, 2010. 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

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(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 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 this 13th day of April, 2010. BY THE COURT:

Marcia S. Krieger United States District Judge

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