Free Order - District Court of Colorado - Colorado

Case 1:04-cv-01235-WYD

Document 29

Filed 06/20/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-01235-WYD JASON ALAN CAPPELLI, Applicant, v. JOE ORTIZ, Executive Director, and THE ATTORNEY GENERAL OF THE STATE OF COLORADO, Respondents.

ORDER TO CURE DEFICIENCY

Applicant submitted a Applicant' Notice of Appeal on May 29, 2007. The court has s determined that the document is deficient as described in this order. Applicant will be directed to cure the following if he wishes to pursue this appeal. (A) Filing Fee is not submitted Prisoner's Motion and Affidavit for Leave to Proceed on Appeal Pursuant to 28 U.S.C. § 1915 and Fed. R. App. P. 24 in a Habeas Corpus Action: is not submitted is missing affidavit is missing required financial information is missing an original signature by the prisoner is not on proper form (must use the court' current form) s X other The motion is missing " certificate from the warden or other a appropriate officer of the place of confinement showing the amount of money or securities that the petitioner has in any account in the institution. "See Rule 3 of the Rules Governing Habeas Corpus Cases Under Section 2254.

(B)

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Case 1:04-cv-01235-WYD

Document 29

Filed 06/20/2007

Page 2 of 2

Accordingly, it is ORDERED that Applicant cure the deficiencies designated above within thirty (30) days from the date of this order. Any papers that Applicant files 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 Applicant, together with a copy of this order, an original and one copy of the following forms: Prisoner's Motion and Affidavit for Leave to Proceed on Appeal Pursuant to 28 U.S.C. § 1915 and Fed. R. App. P. 24 in a Habeas Corpus Action. It is FURTHER ORDERED that, if Applicant fails to cure the designated deficiencies within 30 days from the date of this order, the court of appeals will be so notified. Dated: June 20, 2007 BY THE COURT:

s/ Wiley Y. Daniel Wiley Y. Daniel U. S. District Judge

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