Taylor v. Zavaras et al
Filing
10
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 2/15/12. (lyg, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-02902-BNB
MARVIN LEE TAYLOR,
Plaintiff,
v.
ARISTEDES W. ZAVARAS,
SUSAN S. JONES,
MARSHALL GRIFFITH,
TINA VALDEZ,
M. N. McCORMICK, and
SOLANO (MS),
Defendants.
ORDER OF DISMISSAL
Plaintiff, Marvin Lee Taylor, initiated this action by filing pro se a Prisoner
Complaint. On January 6, 2012, Magistrate Judge Boyd N. Boland entered an order
directing Mr. Taylor to file an amended complaint that complies with the pleading
requirements of Rule 8 of the Federal Rules of Civil Procedure. Mr. Taylor was warned
that the action would be dismissed without further notice if he failed to file an amended
complaint within thirty days.
Mr. Taylor has failed to file an amended complaint within the time allowed and he
has failed to respond in any way to Magistrate Judge Boland’s January 6 order.
Therefore, the action will be dismissed without prejudice for failure to comply with a
court order.
Furthermore, 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 Plaintiff files a notice of appeal he also must 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 because Mr. Taylor failed
to comply with a court order. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied.
DATED at Denver, Colorado, this
15th
day of
February
, 2012.
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court
2
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