Free USCA Order - District Court of Colorado - Colorado

Case 1:04-cv-01271-EWN-BNB

Document 340

Filed 11/08/2007

Page 1 of 2

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

PATRICK M. HAWKINSON, Plaintiff - Appellant, v. JAMES A. MONTOYA, et al., Defendants - Appellees. No. 07-1377

ORDER Filed November 8, 2007

The appellant's counsel, Dennis W. Hartley, has filed a "Notice of Withdrawal" that we construe as a motion seeking leave to withdraw. The motion is granted. The clerk shall remove Dennis W. Hartley as counsel of record. Unless and until a new attorney files an appearance on behalf of the appellant, Patrick M. Hawkinson, then Mr. Hawkinson shall be considered as proceeding without representation on appeal. The appellees and court shall serve any filing on Mr. Hawkinson personally using the following address: Patrick M. Hawkinson DOC #62702 Sterling Correctional Facility P.O. Box 6000 Sterling, CO 80751

Case 1:04-cv-01271-EWN-BNB

Document 340

Filed 11/08/2007

Page 2 of 2

We note that the filing fee has not been paid in this appeal and that the district court denied leave to proceed without prepayment of the filing fee. Within forty days from the date of this order, Mr. Hawkinson shall do the following: 1. Serve on the appellees and file with this court his opening brief; and 2. Either pay the $455 filing and docketing fee into the district court or serve on the parties and file with this court a motion seeking leave to proceed without prepayment of the filing fee on the appropriate forms. Accompanying this order are forms that Mr. Hawkinson may use to assist in the preparation of his opening brief, as well as forms that he must completely fill out, serve and file (including the attachment of a statement regarding his prison trust account) if he seeks to proceed on appeal without prepayment of the filing fee. In addition, the U.S. District Court for the District of Colorado shall prepare and transmit to this court a pro se record in accordance with Tenth Circuit Rule 11.2. The clerk shall send a copy of this order to all counsel of record (including Mr. Hartley), to the Clerk of the U.S. District Court for the District of Colorado, and to the appellant. Entered for the Court ELISABETH A. SHUMAKER Clerk of Court

by: Douglas E. Cressler Chief Deputy Clerk

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