Gross v. Clements et al

Filing 9

ORDER of Dismissal. The Prisoner Complaint and the action are dismissed withoutprejudice. All pending motions are denied as moot ( 4 Motion for Preliminary Injunction), by Judge Lewis T. Babcock on 12/8/11.(lsw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-02656-BNB
BRIAN M. GROSS,
Plaintiff,
v.
TOM CLEMENTS,
JOHN DAVIS,
ELLEN BLACKMORE,
MARY CARTER,
THOMAS FISHER,
MARY BETH KALYMER,
KERRY BARONI,
MARCIA MORTIN,
ARISTEDES ZARVARES,
SM VICALVI,
P. LASTRELL,
JOHN DOE,
JANE DOE, and
ANTHONY DeCESARO,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Brian M. Gross, is in the custody of the Colorado Department of
Corrections and currently is incarcerated at the Buena Vista Correctional Complex in
Buena Vista, Colorado. On October 12, 2011, Mr. Gross submitted to the Court a pro
se Prisoner Complaint pursuant to 42 U.S.C. § 1983 and a Motion and Affidavit for
Leave to Proceed Under 28 U.S.C. § 1915. On October 17, 2011, Magistrate Judge
Boyd N. Boland directed Plaintiff to cure certain deficiencies. Specifically, he directed
Mr. Gross to submit a certified copy of his inmate trust fund statement for the six month

period immediately preceding the filing. Mr. Gross submitted a certified copy of his
inmate trust fund statement on October 27, 2011. Magistrate Judge Boland granted Mr.
Gross leave to proceed pursuant to 28 U.S.C. § 1915 by order dated October 31, 2011.
The October 31 Order requires Mr. Gross to pay the full amount of the $350.00
filing fee in installments and directs him to pay an initial partial filing fee of $20.00 within
thirty days or to show cause why he has no assets and no means to pay the initial fee
by filing a current certified copy of his trust fund account statement. The Order warns
Mr. Gross that if he fails to have the initial partial filing fee sent to the Clerk of the Court
by the designated deadline or to show cause why he has no assets and no means by
which to pay the initial fee the Complaint would be dismissed without further notice.
Mr. Gross has failed either to pay the initial partial filing fee within the time
allowed, as designated in the October 31 Order, or in the alternative to show cause why
he has no assets and no means by which to pay the designated fee. Further, he has
not communicated with the Court since October 27, 2011. Accordingly, it is
ORDERED that the Prisoner Complaint and the action are dismissed without
prejudice for Mr. Gross’s failure either to pay an initial partial filing fee of $20.00 or to
show cause why he has no assets and no means by which to pay the designated fee. It
is

FURTHER ORDERED that all pending motions are denied as moot.
DATED at Denver, Colorado, this 8th

day of

December

, 2011.

BY THE COURT:

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