Bynum v. City and County of Denver et al

Filing 10

ORDER of Dismissal. ORDERED that the Complaint and action are dismissed without prejudice, by Judge Lewis T. Babcock on 11/15/11.(lygsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-02541-BNB
CECIL BYNUM,
Plaintiff,
v.
CITY AND COUNTY OF DENVER, MUNICIPALITY,
MAYOR MICHAEL HANCOCK,
KERI JOHNSON
DAVID RYAN,
A.P. RICHMOND,
J. CASIAS,
J. ANDREWS,
ROBERT HART, and
J. SIMMONS,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Cecil Bynum, is in the custody of the Colorado Department of
Corrections and currently is incarcerated at Kit Carson Correctional Center in
Burlington, Colorado. Mr. Bynum, acting pro se, initiated this action by filing a pleading
titled “Motion for Review of Trial Courts and Court of Appeals Discison [sic] Pursuant to
24-10-109, C/.R.S. and Section 13-80-103” and a Prisoner’s Motion and Affidavit for
Leave to Proceed Pursuant to 28 U.S.C. § 1915. In an order entered on October 5,
2011, Magistrate Judge Boyd N. Boland instructed Mr. Bynum to cure a certain
deficiency in his pleading. Specifically, Magistrate Judge Boland directed Mr. Bynum to
submit his claims on a Court-approved form used in filing prisoner actions and
instructed him to obtain the correct form from the Court’s website with the help from his
case manager or the facility’s legal assistant.

Magistrate Judge Boland warned Mr. Bynum that the action would be dismissed
without further notice if he failed to cure the deficiency within thirty days. On November
3, 2011, Mr. Bynum filed a document titled “Civil Action Complaint Pursuant to 24-10109, and Pursuant to 29-5-111.” Mr. Bynum did not submit his claims on a Courtapproved form. The action, therefore, will be dismissed without prejudice for failure to
cure the deficiency. Accordingly, it is
ORDERED that the Complaint and action are dismissed without prejudice
pursuant to Fed. R. Civ. P. 41(b) for failure to cure the deficiency and for failure to
prosecute.
DATED at Denver, Colorado, this 15th

day of

November

, 2011.

BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court

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