West v. Colorado Department of Corrections et al

Filing 81

ORDER to Cure Deficiency. Plaintiff has 30 days to either pay filing fee or to file 1915 motion, re 79 Notice of Appeal, by Judge Marcia S. Krieger on 4/5/10. (gmssl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Civil Action No. 09-cv-01268-MSK-KLM ERNEST WEST, Plaintiff, v. CAPTAIN SCOTT, Sterling Corrections, JOANN STOCK, Sterling Medical, MR. ESTEP, CMRC Director, MR. YOUNGBLOOD, MR. YEATON, Unit Manager, CMRC, and MS. CALLWELL, CRMC Medical, Defendants. ORDER TO CURE DEFICIENCY Krieger, Judge Plaintiff submitted a Notice of Appeal on April 1, 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 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 is not on proper form (must use the court's current form) is missing original signature by plaintiff/petitioner on motion is missing affidavit affidavit is incomplete is missing original signature by plaintiff/petitioner on affidavit affidavit is not notarized or is not properly notarized 1 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 thirty (30) days from the date of this order, the court of appeals will be so notified. DATED this 5th day of April, 2010. BY THE COURT: Marcia S. Krieger United States District Judge 2

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