Phillips v. Tiona et al

Filing 330

ORDER to Cure Deficiency re 326 Notice of Appeal, by Jeffrey Allen Phillips, by Judge Philip A. Brimmer on 2/22/12. (gmssl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 10-cv-00334-PAB-KMT
JEFFREY ALLEN PHILLIPS,
Plaintiff,
v.
SUSAN TIONA, Doctor, Kit Carson Correctional Center,
HOYT BRILL, Warden, Kit Carson Correctional Center,
JODI GRAY, Health Administrator, Kit Carson Correctional Center, and
CORRECTIONS CORPORATION OF AMERICA, Owner of Private Prison KCCC,
Defendants.

ORDER TO CURE DEFICIENCY
Brimmer, Judge
Plaintiff submitted a Motion for Permission to Appeal which is being treated as a Notice of
Appeal on February 16, 2012 . 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)

Filing Fee
X
is not submitted

(B)

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)
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

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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 22nd day of February, 2012.

BY THE COURT:

s/Philip A. Brimmer
JUDGE, UNITED STATES DISTRICT
COURT FOR THE DISTRICT OF COLORADO

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