Wood v. Milyard et al

Filing 31

ORDER to Cure Deficiency re 29 Notice of Appeal by Patrick Wood, by Chief Judge Wiley Y. Daniel on 04/23/10. Appellant has 30 days to either pay the filing fee or file a proper 1915 motion with district court.(bjrsl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Wiley Y. Daniel Civil Action No. 09-cv-00806-WYD-MJW PATRICK WOOD, Plaintiff, v. KEVIN MILYARD, Assistant Associate Warden, REBECCA RODENBECK, Administrative Head, LT. THOMAS BENEZE, Intelligence Officer, LT. KEN TOPLISS, Hearing Officer, OLATHE MURPHY, Case Manager, RANDY FORSHEE, Associate Warden, MAJOR LINDA MAIFELD, Administrative Head or Designee, MAJOR TERRY BARTRUFF, Administrative Manager, LIEUTENANT ROBERT FAZZINO, Disciplinary Officer or Shift Commander, and COLORADO DEPARTMENT OF CORRECTIONS, Defendants. ORDER TO CURE DEFICIENCY Plaintiff submitted a Notice of Appeal on April 22, 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) (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: X 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 1

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 days from the date of this order, the court of appeals will be so notified. Dated: April 23, 2010 BY THE COURT: s/ Wiley Y. Daniel Wiley Y. Daniel Chief United States District Judge

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