Lash v. Casias et al

Filing 8

ORDER of Dismissal. ORDERED that the complaint and the action are dismissed without prejudice. FURTHER ORDERED that leave to proceed in forma pauperis on appeal is denied, by Judge Lewis T. Babcock on 12/9/11. (lygsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02012-BNB
BILL LASH,
Plaintiff,
v.
JAMES CASIAS, Las Animas County Sheriff Department,
REYNALDO F. SANTISTEVAN, Las Animas County Sheriff Department,
DEREK NAVARETTE, Las Animas County Sheriff Department,
ERCOLE D’EROLE III, Las Animas County Sheriff Department, and
MANUAL NAVARETTE, Las Animas County Sheriff Department,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Bill Lash, filed pro se a motion and affidavit for leave to proceed
pursuant to 28 U.S.C. § 1915 and a complaint pursuant to 42 U.S.C. § 1983 for money
damages, in which he complained he was falsely arrested and imprisoned and
subjected to unreasonable and excessive force. Mr. Lash was granted leave to proceed
pursuant to 28 U.S.C. § 1915.
On November 2, 2011, Magistrate Judge Boyd N. Boland ordered Mr. Lash to file
within thirty days an amended complaint on the Court-approved complaint form that
complied with the pleading requirements of Rule 8 of the Federal Rules of Civil
Procedure and alleged the personal participation of each named defendant. The
November 2 order warned Mr. Lash that if he failed to file an amended complaint as
directed within the time allowed the complaint and the action would be dismissed

without further notice. Mr. Lash has failed to file an amended complaint as directed
within the time allowed or otherwise to communicate with the Court in any way.
Finally, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal
from this order would not be taken in good faith and therefore in forma pauperis status
will be denied for the purpose of appeal. See Coppedge v. United States, 369 U.S.
438 (1962). If Mr. Lash files a notice of appeal he must also pay the full $455 appellate
filing fee or file a motion to proceed in forma pauperis in the United States Court of
Appeals for the Tenth Circuit within thirty days in accordance with Fed. R. App. P. 24.
Accordingly, it is
ORDERED that the complaint and the action are dismissed without prejudice
pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for the failure of Plaintiff,
Bill Lash, within the time allowed, to file an amended complaint as directed in the order
for an amended complaint of November 2, 2011. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied.
DATED at Denver, Colorado, this 9th

day of

December

, 2011.

BY THE COURT:

s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court

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