PATRICK FISHER
CLERK

ELISABETH A. SHUMAKER
CHIEF DEPUTY CLERK

Scott Kayla Morrison
P.O. Box 637
103 1/2 W. Main
Wilburton, OK 74578

Re: 98-7027, Dry, et. al. v. Choctaw CFR Court
Dist/Ag docket: 98-CV-11-S,

Dear Counsel:

Appellant's/Petitioner's docketing statement filed in the subject case is deficient.

An insufficient number of copies of the docketing statement and/or attachments was filed. See 10th Cir. 3.4.

The following required attachment(s) (See 10th Cir. R.3.4 and 10th Cir. Form 1 in Appendix A to Tenth Circuit Rules) was/were not filed:

Corrections must be accompanied by a proof of service upon all other parties to the appeal.

If you fail to correct the stated deficiency(ies) within 10 days after the date of this letter, the docketing statement will be stricken. in addition, the appeal may be dismissed without further notice, and you may be disciplined. See 10th Cir. R. 42.1, 46.6 and the court's Plan for Attorney Disciplinary Enforcement, Addendum III to Rules of Court.

Without regard to whether you correct the docketing statement, you may receive a separate notice of rules violation.

Please contact this office if you have questions.

Sincerely,

PATRICK FISHER
Clerk

PF: to

cc:

Robert Lee Rabon

PART I - TO BE COMPLETED BY APPELLANT WITHIN TEN DAYS OF FILING THE NOTICE OF APPEAL

SHORT TITLE: Dry v. CFR Court DISTRICT: Eastern District of Okla
DISTRICT COURT NUMBER: CIV-98-011S CIRCUIT COURT NUMBER:________

NAME OF ATTORNEY: SCOTT K. MORRISON
NAME OF LAW FIRM: DRY AND MORRISON LAW FIRM
ADDRESS 0F FIRM: 103 W. MAIN, PO BOX 637, WILBURTON, OK 74578
TELEPHONE OF FIRM: 918-465-5033 ATTORNEYS FOR: PETITIONERS

NAME OF COURT REPORTER: _______ TELEPHONE OF REPORTER:_______________

PART II - COMPLETE SECTION A OR SECTION B

SECTION A - I HAVE NOT ORDERED A TRANSCRIPT BECAUSE
[X] A TRANSCRIPT IS NOT NECESSARY FOR THIS APPEAL, OR
[ ] THE NECESSARY TRANSCRIPT is ALREADY ON FILE IN DISTRICT COURT
[ ] THE NECESSARY TRANSCRIPT WAS ORDERED PREVIOUSLY IN APPEAL NUMBER

SECTION B - I HEREBY ORDER THE FOLLOWING TRANSCRIPT

VOIR DIRE:___________________ OPENING STATEMENTS:__________________

TRIAL PROCEEDINGS:__________ INSTRUCTION CNF:_______________________

JURY INSTRUCTIONS:__________ CLOSING ARGUMENTS:____________________

POST TRIAL MOTIONS:_________ OTHER PROCEEDINGS:____________________

[ ] APPELLANT WILL PAY THE COST OF THE TRANSCRIPT.

MY SIGNATURE ON THIS FORM IS MY AGREEMENT TO PAY FOR THE TRANSCRIPT ORDERED ON THIS FORM.

[ ] THIS CASE IS PROCEEDING UNDER THE CRIMINAL JUSTICE ACT.

NOTE: LEAVE TO PROCEED IN FORMA PAUPERIS DOES NOT ENTITLE APPELLANT TO A FREE TRANSCRIPT.
AN ORDER OF THE DISTRICT COURT ALLOWING PAYMENT FOR THE TRANSCRIPT AT GOVERNMENT EXPENSE
MUST BE OBTAINED. See 28 U.S.C. §753(f).

I CERTIFY THAT I HAVE READ THE INSTRUCTIONS ON THE REVERSE OF THIS FORM AND THAT COPIES OF
THIS TRANSCRIPT ORDER FORM HAVE BEEN SERVED ON THE COURT REPORTER (IF TRANSCRIPT ORDERED),
THE CLERK OF U.S. DISTRICT COURT, ALL COUNSEL OF RECORD OR PRO SE PARTIES, AND THE CLERK OF THE U.S. COURT OF APPEALS FOR THE TENTH CIRCUIT. I FURTHER CERTIFY THAT SATISFACTORY ARRANGEMENTS FOR PAYMENT FOR ANY TRANSCRIPT ORDERED HAVE BEEN MADE WITH THE COURT REPORTER(S).

SIGNATURE OF ATTORNEY/PRO SE: DATE: 3-5-98

PART Ill - TO BE COMPLETED BY THE COURT REPORTER

UPON COMPLETION, PLEASE FILE ONE copy WITH THE CLERK OF THE U.S. COURT OF APPEALS AND ONE COPY WITH THE CLERK OF THE U.S. DISTRICT COURT.

DATE ARRANGEMENTS FOR PAYMENT COMPLETED:
ESTIMATED COMPLETION DATE:________________
ESTIMATED NUMBER OF PAGES:________________
I CERTIFY THAT I HAVE READ THE INSTRUCTIONS ON THE REVERSE SIDE AND THAT ADEQUATE ARRANGEMENTS FOR PAYMENT HAVE BEEN MADE.

SIGNATURE OF COURT REPORTER: _____________________ DATE:___________________

A-8 Transcript Order Form 4/97

THIS FORM REQUIRES MULTIPLE DISTRIBUTION, SERVICE AND FILING. THE RESPONSIBILITIES OF EACH PARTY AND THE COURT REPORTER ARE DESCRIBED BELOW.

1. APPELLANT

WHETHER OR NOT A TRANSCRIPT IS ORDERED, APPELLANT OR HIS COUNSEL MUST COMPLETE PART I AND PART II OF THIS FORM. UPON COMPLETION, APPELLANT MUST SERVE A COPY ON
A. THE COURT REPORTER (IF A TRANSCRIPT IS ORDERED).
B. ALL PARTIES,
C. THE CLERK OF THE U.S. DISTRICT COURT, AND
D. THE CLERK OF THE U.S. COURT OF APPEALS.

IF A TRANSCRIPT IS ORDERED, THE APPELLANT MUST OBTAIN EXECUTION OF THIS FORM BY THE COURT REPORTER(S) WHO RECORDED THE PROCEEDINGS. WM41H THE TEN DAY PERIOD ALLOWED FOR ORDERING THE TRANSCRIPT UNDER FED. R. App. P. 10(b)(1). APPELLANT MUST MAKE ADEQUATE ARRANGEMENTS FOR PAYMENT FOR THE TRANSCRIPT. THE COURT REPORTER MAY REQUIRE A DEPOSIT EQUAL TO THE FULL ESTIMATED COST OF THE TRANSCRIPT. 28 U.S.C. §753(f).

UNLESS THE ENTIRE TRANSCRIPT IS ORDERED, APPELLANT SHALL SERVE ON ALL APPELLEES A STATEMENT OF THE ISSUES HE INTENDS TO PRESENT ON APPEAL. FED. R. App. P. 10(b)(3). THE DOCKETING STATEMENT REQUIRED BY 10TH CIR. R. 3.4 FULFILLS THIS REQUIREMENT.

THOSE PORTIONS OF THE TRANSCRIPTS THAT ARE FILED THAT ARE PERTINENT TO THE APPEAL MUST BE INCLUDED IN APPELLANT'S APPENDIX OR, IN CASES WHERE COUNSEL IS APPOINTED, DESIGNATED FOR INCLUSION IN THE RECORD ON APPEAL. 10TH CIR. R. 10. 2.2. 10.3.2(d) AND 30. 1. 1.

2. APPELLEE

UNLESS THE ENTIRE TRANSCRIPT IS ORDERED, APPELLEE MAY, WITHIN TWENTY DAYS OF FILING OF THE NOTICE OF APPEAL, FILE AND SERVE ON APPELLANT A DESIGNATION OF ADDITIONAL TRANSCRIPT TO Be INCLUDED. IF, WITHIN TEN DAYS, APPELLANT DOES NOT ORDER AND PAY FOR THE TRANSCRIPT SO DESIGNATED, APPELLEE MAY, WITHIN A FURTHER TEN DAYS, ORDER AND PAY FOR THE TRANSCRIPT OR MOVE IN THE DISTRICT COURT FOR AN ORDER COMPELLING APPELLANT TO DO SO. FED. R. App. P. 10(b)(3).

3. COURT REPORTER

AFTER RECEIPT OF THIS FORM AND AFTER SATISFACTORY FINANCIAL ARRANGEMENTS HAVE BEEN MADE. THE COURT REPORTER SHALL CERTIFY THE DATE: THE TRANSCRIPT WAS ORDERED AND ESTIMATE THE DATE: IT WILL BE COMPLETED. THE ESTIMATED COMPLETION DATE: MUST COMPLY WITH THE TENTH CIRCUIT JUDICIAL COUNCILS MANDATED DISTRICT COURT COURT REPORTER MANAGEMENT PLANS. TRANSCRIPTS IN A CRIMINAL CASE (INCLUDES 28 U.S.C. S§2241, 2254, 2255) SHALL BE FILED WITHIN 30 DAYS OF THE DATE ARRANGEMENTS FOR PAYMENT ARE MADE. TRANSCRIPTS IN A CIVIL CASE SHALL BE FILED WITHIN 60 DAYS OF THE DATE ARRANGEMENTS FOR PAYMENT ARE MADE. COURT REPORTERS ARE SUBJECT TO A MANDATORY FEE REDUCTION IF TRANSCRIPTS ARE NOT TIMELY FILED. APPELLATE TRANSCRIPT MANAGEMENT PLAN FOR THE TENTH CIRCUIT, 10TH CIR. R.. APP. B.

THE COMPLETED FORM MUST BE SERVED ON:

A. THE CLERK OF THE DISTRICT COURT AND

B. THE CLERK OF THE COURT OF APPEALS.