Moore v. Department of Health and Human Services, The

Filing 11

ORDER to Cure Deficiency re 8 Notice of Appeal by John Moore, by Judge Philip A. Brimmer for Senior Judge Zita Leeson Weinshienk on 07/22/10. Appellant has 30 days to either pay the filing fee or file a 1915 motion with district court.(bjrsl, )

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Moore v. Department of Health and Human Services, The Doc. 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 10-cv-01083-ZLW JOHN MOORE, Plaintiff, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, DEPARTMENT APPEALS BOARD MS6127, MEDICARE APPEALS COUNCIL, an QIC LEVEL, Defendants. ORDER TO CURE DEFICIENCY Weinshienk, Senior Judge Plaintiff submitted a Notice of Appeal on July 19, 2010. The court has determined that the document is deficient as described in this order. Plaintiff will be directed to cure the following if wishes to pursue this appeal. (A) 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: 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 (B) Accordingly, it is 1 Dockets.Justia.com 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 July , 2010. BY THE COURT: s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge, for ZITA LEESON WEINSHIENK, Senior Judge United States District Court 2

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