Free USCA Order - District Court of Colorado - Colorado

Case 1:04-cv-00638-PSF-OES

Document 29

Filed 11/21/2007

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UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

WAYNE T. PALMER, Plaintiff - Appellant, v. DIRK KEMPTHORNE, Secretary of the Department of the Interior, Defendant - Appellee. No. 05-1075 (D.C. No. 04-F-638 (OES)

ORDER Filed November 21, 2007

After the court authorized the appellant to file, by counsel, an appendix to accompany his supplemental brief, the appellant filed a "Motion for Clarification of November 15, 2007 Order." Appellant asserts it was not his intent to request authorization to file an appendix; rather, appellant was apparently seeking leave to modify and supplement the record that he was permitted to borrow by order dated September 27, 2007. As our order expressly stated, "Counsel is responsible for maintaining the integrity of that record and shall return it to the court on or before the due date for filing the optional reply." We cannot permit counsel to modify the actual original record he was permitted to borrow by re-sequencing it or Bates stamping it. Further, although it is

Case 1:04-cv-00638-PSF-OES

Document 29

Filed 11/21/2007

Page 2 of 2

appropriate for a party to ask that a record on appeal transmitted to this court pursuant to Tenth Circuit Rule 11.2 be supplemented, the district court would generally supplement the record, not the requesting party. We now vacate our order of November 15, 2007 and direct as follows. As originally provided in the order of September 27, 2007, the case will proceed on a record on appeal, not an appendix. The appellant shall return the record on appeal he was permitted to borrow intact and unaltered on or before the due date for the filing of any optional supplemental reply brief. The parties shall cite to the record on appeal as provided in Tenth Circuit Rule 28.1(B). The U.S. District Court for the District of Colorado is directed to file with this court a supplemental record consisting of: (1) a copy of the complaint and jury demand filed by the plaintiff [Doc. 3]; and (2) the district court's order directing clerk to commence civil action and granting plaintiff leave to proceed pursuant to 28 U.S.C. § 1915 [Doc. 2].

Entered for the Court ELISABETH A. SHUMAKER Clerk of Court

by: Douglas E. Cressler Chief Deputy Clerk
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