Free Motion to Withdraw Document - District Court of Colorado - Colorado

Case 1:04-cv-01235-WYD

Document 33

Filed 07/20/2007

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I N THE U NITED S TATES D ISTRICT C OURT F OR THE D ISTRICT OF C OLORADO Civil Action No. 04-cv-01235-WYD J ASON A LAN C APPELLI, Applicant, v. JOE ORTIZ, Executive Director, and T HE A TTORNEY G ENERAL FOR THE S TATE OF C OLORADO, Respondents. MOTION TO WITHDRAW MOTION TO PROCEED ON APPEAL IN FORMA PAUPERIS The Applicant, Jason Alan Cappelli, by and through counsel, hereby moves to withdraw his motion for leave to proceed on appeal in forma pauperis. 1. pauperis. 2. The court entered an Order to Cure Deficiency [Docket 29] with respect to the motion. 3. Mr. Cappelli is located in the Arkansas Valley Correctional Facility and it would be a too expensive proposition to send counsel down there to take paperwork and get it signed and returned. 4. Mr. Cappelli paid the filing fee yesterday, July 19, 2007, making the motion moot. WHEREFORE, Mr. Cappelli respectfully requests his motion be withdrawn. Mr. Cappelli previously filed his motion for leave to proceed in forma

Dated this 20 th day of July, 2007.

Case 1:04-cv-01235-WYD

Document 33

Filed 07/20/2007

Page 2 of 2

Respectfully submitted, /s Paul Grant Paul Grant Counsel for Mr. Cappelli 6053 S. Quebec Street, # 101 Centennial CO 80111 303-771-1908 CERTIFICATE OF SERVICE I hereby certify that on July 20, 2007, a true and correct copy of the foregoing Motion was served upon the following persons as indicated below: Laurie A. Booras First Assistant Attorney General 1525 Sherman Street, 5th Floor Denver CO 80203 ( ) by First-Class U.S. Mail, postage prepaid ( ) by Hand Delivery ( ) by Overnight Mail ( x ) Electronic filing (ECF) s/Paul Grant