HomeMy WebLinkAbout2023-1112 - Perry V. State Of Colorado, Et Al. - 08 - Notice Of DeficiencyUNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT
Byron White United States Courthouse
1823 Stout Street
Denver, Colorado 80257
(303) 844-3157
Clerk@ca10.uscourts.gov
Christopher M. Wolpert
Clerk of Court
Jane K. Castro
Chief Deputy Clerk
August 30, 2023
Allison R Ailer
Colorado Attorney General's Office
Department of Law
1300 Broadway, 10th Floor
Denver, CO 80203
RE: 23-1112, Perry v. The City of Fort Collins, et al
Dist/Ag docket: 1:21-CV-02306-RM-KLM
Dear Counsel:
Appellees’ brief is deficient because:
There are no copies of pertinent written findings, conclusions, opinions or orders, nor
transcripts of oral findings, conclusions, opinions or orders attached to the brief. Appellee
must attach the order(s) appealed and the lower court judgment to the response brief
is appellant fails to do so. See 10th Cir. R. 28.2(B) and 10th Cir. R. 30.1(F). In addition,
pursuant to 10th Cir. R. 28.2(C)(5), all attachments to briefs must be included and
identified in the Table of Contents. As such, you will also need to update the Table of
Contents with the attachments listed therein. Stating "Attachment 1" is not sufficient; the
attachment must be clearly identified (i.e., "Attachment 1: District Court Judgment Filed
mm/dd/yyyy").
You must file a corrected brief. Do not file paper copies of your brief until the court has
received your corrected brief and has issued notice it is compliant.
The corrected brief must have an updated certificate of service (if required; see 10th Cir.
R. 25.4).
The time to file a reply brief will run from the date of service of appellees corrected brief.
If you fail to correct the stated deficiency within three days of the date of this letter, the
deficient brief will not be filed. In addition, the appellee will not be heard at oral
argument unless the court grants permission. See Fed. R. App. P. 31(c).
Appellate Case: 23-1112 Document: 010110911055 Date Filed: 08/30/2023 Page: 1
2
Please contact this office if you have questions.
Sincerely,
Christopher M. Wolpert
Clerk of Court
cc:
Katherine Hoffman
Robert Lawrence Perry
Mark Ratner
CMW/sds
Appellate Case: 23-1112 Document: 010110911055 Date Filed: 08/30/2023 Page: 2