Chicago Insurance Company v. Hamilton et al

Filing 41

ORDER to Cure Deficiency re 39 Notice of Appeal, by Jan Hamilton, by Magistrate Judge Michael J. Watanabe on 11/05/09. Appellant has 30 days to either pay the filing fee or file a proper 1915 motion with district court.(bjrsl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-01815-LTB-MJW CHICAGO INSURANCE COMPANY, Plaintiff, v. JAN B. HAMILTON, Ph.D. and JAN B. HAMILTON d/b/a/ NUTRITIONAL BIOMEDICINE, Defendant. ORDER TO CURE DEFICIENCY Watanabe, Magistrate Judge Defendant Jan B. Hamilton submitted a Notice of Appeal on November 4, 2009. The court has determined that the document is deficient as described in this order. 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 affidavit is not notarized or is not properly notarized other

Accordingly, it is ORDERED that Jan B. Hamilton cure the deficiencies designated above within 30 days 1

from the date of this order. Any papers that Jan B. Hamilton 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 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 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 fifth day of November, 2009. BY THE COURT:

s/Michael J. Watanabe MAGISTRATE JUDGE, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

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