Johnson v. Fuss et al

Filing 24

ORDER to Cure Deficiency re 20 Notice of Appeal by M. Berniece Johnson, by Judge Zita L. Weinshienk on 05/15/09. Appellant has 30 days to either pay the filing fee or file a proper 1915 motion in district court.(bjrsl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-00225-ZLW M. BERNIECE JOHNSON, Plaintiff, v. TODD K. FUSS, PAULA S. BOWERS, CAROL DIETRICT FUSS, MRS. DIETRICT, mother of Carol Fuss, VICKIE FUSS, true name unknown, JEAN WILLITT, motion of Todd Fuss, MR. A. WILLITT, Jean Willitt's husband, JOHN WIMBERLY, true name unknown, TERA FUSS, sister of Todd Fuss, true name unknown, CRYSTAL FUSS, sister of Todd Fuss, true name unknown, ZANE FUSS, brother of Todd Fuss, JERRY SMITH, DENVER POLICE DEPARTMENT, JEFFERSON COUNTY POLICE DEPARTMENT, DAVID LITTMAN (lawyer-ad litem), WILLIAM KING (lawyer representing Todd Fuss), and LARRY LEECH, (lawyer pretending to represent the plaintiff while helping Todd Fuss and cohorts), Defendants. ORDER TO CURE DEFICIENCY Weinshienk, Senior Judge Plaintiff submitted a Misdirected Appeal Action of Dismissal by District Court and an Amended Notice of Appeal on May 13, 2009. The court has determined that the document is deficient as described in this order. Plaintiff will be directed to cure the following if she wishes to 1 pursue this appeal. (A) (B) Filing Fee X is not submitted 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 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 2 days from the date of this order, the court of appeals will be so notified. DATED at Denver, Colorado this 15th day of May, 2009. BY THE COURT: ZITA L. WEINSHIENK, Senior Judge United States District Court 3

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