Marquez v. Line et al

Filing 30

ORDER denying without prejudice 26 Motion for Leave to Appeal in Forma Pauperis re 25 Notice of Appeal. A new motion may be filed in the United States Court of Appeals for the Tenth Circuit. The 27 Application for Certificate of Appealability is denied. By Judge William J. Martinez on 1/13/2015.(alowe)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge William J. Martínez Civil Case No. 14-cv-01313-WJM ANTHONY MARQUEZ, Applicant, v. RICK LINE, Warden, Arkansas Valley Corr. Fac., and THE ATTORNEY GENERAL OF THE STATE OF COLORADO, Respondents. ORDER DENYING LEAVE TO PROCEED ON APPEAL PURSUANT TO 28 U.S.C. § 1915 AND FED. R. APP. P. 24 Martínez, Judge Applicant has filed pro se a notice of appeal (ECF No. 25), a motion to proceed in forma pauperis on appeal (ECF No. 26), and an application f or a certificate of appealability (ECF No. 27). The court has examined the motion and the file and finds that the motion to proceed in forma pauperis is deficient for the following reasons: is missing affidavit affidavit is incomplete affidavit is not notarized or is not properly notarized affidavit is missing required financial information is missing certified copy of prisoner’s trust fund statement for the 6 month period immediately preceding this filing is missing certificate showing current balance in prison account is missing an original signature by the prisoner X is not on proper form (must use the court’s current form) other Accordingly, it is ORDERED that the motion seeking leave to proceed in forma pauperis on appeal (ECF No. 26) is denied without prejudice because the motion is deficient. A new motion may be filed in the United States Court of Appeals for the Tenth Circuit. It is FURTHER ORDERED that the application for certificate of appealability (ECF No. 27) is denied. Dated this 13th day of January, 2015. BY THE COURT: William J. Martínez United States District Judge

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