Roth v. Wilder et al

Filing 102

ORDER to Cure Deficiency re 99 Notice of Appeal by Jerry-Lee Roth, by Judge Zita L. Weinshienk on 11/04/10. Appellant has 30 days to either pay the filing fee or file a 1915 motion with district court.(bjrsl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-01939-ZLW-BNB JERRY-LEE ROTH, Plaintiff, v. WILLIAM WILDER, in his individual capacity only, H&H FARMS, a general partnership, ROCCO F. MECONI, in his individual capacity only, CYNTHIA L. MITCHELL, in her individual capacity only, CLIFF DUNCAN, in his individual capacity only, TOWN OF COAL CREEK, COLORADO, CONNIE HIGGS, in her individual capacity only, CHARLES HASTINGS, in his individual capacity only, CAROL SIMMONS, in her individual capacity only, JAMES L. BEICKER, in his individual capacity only, RICHARD ALTER, in his individual capacity only, and THE COUNTY OF FREMONT, COLORADO, Defendants. ORDER TO CURE DEFICIENCY Weinshienk, Senior Judge Plaintiff submitted a Notice of Appeal on November 2, 2010 . The court has determined that the document is deficient as described in this order. Plaintiff will be directed to cure the following if he wishes to pursue this appeal. (A) (B) Filing Fee is not submitted X Motion and Affidavit for Leave to Proceed on Appeal Pursuant to 28 U.S.C. § 1915 and Fed. R. App. P. 24: X is not submitted is not on proper form (must use the court's current form) 1

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 Plaintiff cure the deficiencies designated above within 30 days from the date of this order. Any papers that Plaintiff 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 Plaintiff, 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 Plaintiff 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 4th day of November, 2010.

BY THE COURT:

SENIOR JUDGE, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

2