Free Letter re Appeal - District Court of Colorado - Colorado

Case 1:01-cv-01315-REB-CBS

Document 183

Filed 05/21/2008

Page 1 of 2

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT OFFICE OF THE CLERK
Byron White United States Courthouse 1823 Stout Street Denver, Colorado 80257 (303) 844-3157 Elisabeth A. Shumaker Clerk of Court

May 21, 2008

Douglas E. Cressler Chief Deputy Clerk

Mr. Leonard Baldauf Colorado State Penitentiary P.O. Box 777 Canon City, CO 81215-0777 #98415 RE: 08-1158, Baldauf v. Hyatt, et al Dist/Ag docket: 1:01-cv-01315-REB-CBS

Dear Appellant: This court has been notified that the district court denied appellant leave to appeal without prepayment of fees and costs. Please note the following requirements for processing this appeal. Appellant has 40 days from the date of this letter to: 1. pay a $5.00 filing fee and a $450.00 docket fee to the clerk of the district court, or 2. apply to this court for leave to proceed on appeal without prepayment of fees and costs by completing the enclosed form and filing it with the circuit clerk at the address above. Unless the fees are paid or the enclosed form is completed and filed with the clerk within the time provided to file appellant's opening brief, the appeal may be dismissed without further notice. See 10th Cir. R. 3.3(B). Appellant must file an opening brief within 40 days from the date of this letter. Appellant may use the enclosed form or may file a separate brief. If appellant does not use the form, appellant's brief must comply with the Federal Rules of Appellate Procedure and Tenth Circuit Rules with respect to briefs. Failure to file a brief is grounds for dismissal without further notice. The clerk may refuse to file any brief which does not comply with the rules and the court's instructions. Prisoners are reminded that to invoke the prison mailbox rule they must immediately file a declaration in compliance with 28 U.S.C. Section 1746 or a notarized statement, either

Case 1:01-cv-01315-REB-CBS

Document 183

Filed 05/21/2008

Page 2 of 2

of which must set forth the date of deposit and state that first-class postage has been prepaid. See Fed. R. App. P. 4(c) and United States v. Ceballos-Martinez, 358 F.3d 732 (2004), revised and superseded, 371 F.3d 713 (10th Cir. 2004), reh'g denied en banc, 387 F.3d 1140 (10th Cir. 2004), cert. denied, 125 S.Ct. 624, (U.S. Nov 29, 2004). Please contact this office if you have questions. Sincerely,

Elisabeth A. Shumaker Clerk of the Court

cc:

Andrew D. Ringel

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