Bingham v. Zavaras et al

Filing 52

ORDER to Cure Deficiency re 46 Notice of Appeal by Michael Bingham, by Judge David M. Ebel on 07/16/10. Appellant has 30 days to either pay the filing fee or file a 1915 motion in district court. (bjrsl, )

Bingham v. Zavaras et al

Doc. 52

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 10-cv-00604-DME MICHAEL WAYNE BINGHAM, Plaintiff, v. ARSTEDES ZAVARAS, Exec. Dir. CDOC, WARDEN TIMME, FCF, LT. TAPPI, LT. KOCHEVER, LT. DIRECTO, LT. BRADEN, LT. ESPINOZA, SGT. MARTIN, SGT. STOGHILL, JIM MOORE, CAPT. GONZALES, LT. LUCERO, WARDEN MILYARD, C/O CLINTON AULTMAN, and JANEEN LANE, LPC, Defendants. ORDER TO CURE DEFICIENCY Ebel, Judge Plaintiff submitted a Notice of Appeal on July 13, 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 1

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and Fed. R. App. P. 24: X is not submitted is missing affidavit is missing certified copy of prisoner's trust fund statement for the 6-month period immediately preceding this filing is missing required financial information is missing an original signature by the prisoner is not on proper form (must use the court's current form) 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 30 days from the date of this order, the court of appeals will be so notified. DATED at Denver, Colorado this 16th day of July, 2010. BY THE COURT: s/ David M. Ebel JUDGE, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

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