Still v. Herndon et al

Filing 83

ORDER to Cure Deficiency re 80 Notice of Appeal, by Judge William J. Martinez on 10/7/11. (gmssl, )

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge William J. Martínez Civil Action No. 09-cv-01326-WJM-KLM MINOR MICHAEL STILL, Applicant, v. MARY HERNDON, Administrative Service, U.S. Marshal, Colorado, KEN DEAL, Deputy United States Marshal, Colorado, and HARLEY LAPPIN, Director, Federal Bureau of Prisons, Respondents. ORDER TO CURE DEFICIENCY Applicant submitted a Notice of Appeal and Motion Requesting Waiver of Certificate of Appealability on Appeal on October 6, 2011. The court has determined that the Notice of Appeal is deficient as described in this order. Applicant will be directed to cure the following if he wishes to pursue this appeal. (A) Filing Fee X is not submitted (B) 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: X 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 1 Accordingly, it is 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. It is FURTHER ORDERED that the Motion Requesting Waiver of Certificate of Appealability on Appeal is moot. Dated this 7th day of October, 2011. BY THE COURT: _______________________ William J. Martínez United States District Judge 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?