Chicago Insurance Company v. Hamilton et al

Filing 187

ORDER to Cure Deficiency. Defendant has 30 days to either pay the filing fee or to file a 1915 motion, re 184 Notice of Appeal, by Judge Lewis T. Babcock on 8/23/10. (gmssl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-01815-LTB-MJW CHICAGO INSURANCE COMPANY, an Illinois corporation, Plaintiff, v. JAN B. HAMILTON, Ph.D. and JAN B. HAMILTON d/b/a Nutritional Biomedicine, Defendants. ORDER TO CURE DEFICIENCY Bacbock, Senior Judge Defendant Jan B. Hamilton submitted a Motion of Appeal to the 10th Circuit Court of Appeals, which is being treated as a notice of appeal, on August 20, 2010 . The court has determined that the document is deficient as described in this order. Defendant Jan B. Hamilton will be directed to cure the following if she 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: is not submitted X 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

1

affidavit is not notarized or is not properly notarized other Accordingly, it is ORDERED that Defendant Jan B. Hamilton cure the deficiencies designated above within 30 days from the date of this order. Any papers that Defendant Jan B. Hamilton 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 Defendant Jan B. Hamilton, 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 Defendant Jan B. Hamilton 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 at Denver, Colorado this 23rd day of August, 2010.

BY THE COURT:

s/Lewis T. Babcock SENIOR JUDGE, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

2