Gladney v. People of Colorado et al

Filing 6

ORDER OF DISMISSAL. The action is dismissed without prejudice. All pending motions are denied as moot ( 4 Motion for Leave to Proceed in Forma Pauperis, 5 Motion to Stay). No certificate of appealability will issue, 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-02745-BNB
WILLIAM L. GLADNEY,
Applicant,
v.
PEOPLE OF COLORADO, and
THE ATTORNEY GENERAL OF THE STATE OF COLORADO,
Respondents.

ORDER OF DISMISSAL

Applicant, William L. Gladney, is in the custody of the United States Bureau of
Prisons and is currently incarcerated at the United States Penitentiary in Atwater,
California. Mr. Gladney initiated this action by filing a “Memorandum of Points and
Authorities in Support to Motion Under 28 U.S.C. § 2254.”
In an order entered on October 28, 2011, Magistrate Judge Boyd N. Boland
directed Mr. Gladney to cure certain deficiencies if he wished to pursue his claims.
Specifically, Magistrate Judge Boland ordered Mr. Gladney to submit an Application for
a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254. Mr. Gladney was also directed
to submit a Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 and
a current, certified copy of his prisoner’s trust fund statement. Mr. Gladney was warned
that the action would be dismissed without further notice if he failed to cure the
deficiencies within thirty days.

On November 21, 2011, Mr. Gladney filed an Application for a Writ of Habeas
Corpus Pursuant to 28 U.S.C. § 2254 in addition to a Prisoner’s Motion and Affidavit for
Leave to Proceed Pursuant to 28 U.S.C. § 1915. The § 1915 Motion and Affidavit form,
however, is deficient because the account statement Mr. Gladney attached is not
certified by either the warden or an appropriate officer at the facility where he is
incarcerated. Mr. Gladney did not submit a certified copy of his inmate trust fund
account statement in support of the 28 U.S.C. § 1915 Motion, as he is required to do
pursuant to § 1915(a)(2), and as is specified on Page Two of the § 1915 Motion and
Affidavit form. Therefore, the action will be dismissed without prejudice for failure to
cure all noted deficiencies. Accordingly, it is
ORDERED that the action is dismissed without prejudice pursuant to Rule 41(b)
of the Federal Rules of Civil Procedure for the failure of Applicant, William L. Gladney,
to comply with the order to cure dated October 28, 2011. It is
FURTHER ORDERED that all pending motions are denied as moot. It is
FURTHER ORDERED that no certificate of appealability will issue because
Applicant has not made a substantial showing of the denial of a constitutional right.
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