Allen v. People of the State of Colorado

Filing 24

ORDER to Cure Deficiency. Petitioner has 30 days to file a 1915 motion on the proper form with a certified statement by prison official re 17 Notice of Appeal, by Judge Zita L. Weinshienk on 9/21/09. (gms, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-01350-ZLW GENE ALLEN, Petitioner, v. PEOPLE OF THE STATE OF COLORADO, Respondent. ORDER TO CURE DEFICIENCIES Weinshienk, Senior Judge Petitioner submitted a Notice of Appeal on September 14, 2009. The Court has determined that the document is deficient as described in this Order. Petitioner 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 (Petitioner failed to attach certified other statement by prison official re: monies)

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Accordingly, it is ORDERED that Petitioner cure the deficiencies designated above within thirty days from the date of this Order. Any papers that Petitioner 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 Petitioner, together with a copy of this Order, an original and one copy of the following form: 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 Petitioner fails to cure the designated deficiencies within thirty days from the date of this Order, the Court of Appeals will be so notified. DATED at Denver, Colorado this 21st day of September, 2009. BY THE COURT:

ZITA L. WEINSHIENK, Senior Judge United States District Court

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