Portley-El v. Brill et al

Filing 24

ORDER to Cure Deficiency re 19 Notice of Appeal. Applicant has 30 days to file 1915 motion on the proper form, by Judge Zita L. Weinshienk on 12/15/09. (gmssl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-01309-ZLW PATRICK DURAY PORTLEY-EL, Applicant, v. WARDEN HOYT BRILL (KCCC), and CORRECTIONS CORPORATION OF AMERICA, Respondents. ORDER TO CURE DEFICIENCY Weinshienk, Senior Judge Applicant submitted a Notice of Appeal on December 3, 2009. The court has determined that the document is deficient as described in this order. Applicant will be directed to cure the following if he wishes to pursue this appeal. (A) (B) Filing Fee is not submitted Prisoner's Motion and Affidavit for Leave to Proceed on Appeal Pursuant to 28 U.S.C. 1915 and Fed. R. App. P. 24 in a Habeas Corpus Action: is not submitted is missing affidavit 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 X Accordingly, it is 1 ORDERED that Applicant cure the deficiencies designated above within thirty (30) days from the date of this order. Any papers that Applicant files 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 Applicant, together with a copy of this order, an original and one copy of the following forms: Prisoner's Motion and Affidavit for Leave to Proceed on Appeal Pursuant to 28 U.S.C. 1915 and Fed. R. App. P. 24 in a Habeas Corpus Action. It is FURTHER ORDERED that, if Applicant 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 15th day of December, 2009. BY THE COURT: ZITA LEESON WEINSHIENK, Senior Judge United States District Court 2

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