Maske v. Chappell et al

Filing 9

ORDER to Cure Deficiency re 5 Notice of Appeal by Jerry Maske, by Judge Zita L. Weinshienk on 12/09/09. Appellant has 30 days to either pay the filing fee or file a proper 1915 motion with district court.(bjrsl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-02754-ZLW JERRY L. MASKE, Applicant, v. MARY CHAPPELL, Respondent. ORDER TO CURE DEFICIENCY Weinshienk, Senior Judge Applicant submitted a Notice of Appeal on November 30, 2009. The Court has determined that the document is deficient as described in this Order. Applicant will be directed to cure the following if he 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/applicant on motion is missing affidavit affidavit is incomplete is missing original signature by plaintiff/applicant on affidavit affidavit is not notarized or is not properly notarized other 1 Accordingly, it is ORDERED that Applicant cure the deficiencies designated above within thirty days from the date of this Order. Any papers that Applicant 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 Applicant, together with a copy of this Order, an original and one copy of the following form: 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 Applicant 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 9th day of December, 2009. BY THE COURT: ZITA LEESON WEINSHIENK, Senior Judge United States District Court 2

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