Bodison v. Boyd
ORDER of Dismissal. The complaint and the action are dismissed without prejudice. Leave to proceed in forma pauperis on appeal is denied, by Judge Lewis T. Babcock on 1/20/12. (lsw, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-03126-BNB
NURSE PRACTITIONER BOYD, Centennial Correctional Facility,
ORDER OF DISMISSAL
Plaintiff, Robert Bodison, is a prisoner in the custody of the Colorado Department
of Corrections at the Centennial Correctional Facility in Cañon City, Colorado. On
December 14, 2011, Magistrate Judge Boyd N. Boland entered an order granting Mr.
Bodison leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 in this
action. Pursuant to § 1915(b)(1), Magistrate Judge Boland ordered Mr. Bodison either
to pay an initial partial filing fee or to show cause why he has no assets and no means
by which to pay the initial partial filing fee. Mr. Bodison was warned that the complaint
and the action would be dismissed without further notice if he failed either to pay the
initial partial filing fee or to show cause within thirty days.
On December 28, 2011, Mr. Bodison submitted to the Court what appears to be
the copy of Magistrate Judge Boland’s December 14 order that was mailed to him after
the order was entered. Mr. Bodison provides no explanation for why he returned his
copy of Magistrate Judge Boland’s order to the Court.
Mr. Bodison has failed within the time allowed either to pay the initial partial filing
fee or to show cause why he is unable to pay the initial partial filing fee. Therefore, the
complaint and the action will be dismissed.
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 Plaintiff failed
within the time allowed either to pay the initial partial filing fee or to show cause why he
has no assets and no means by which to pay the initial partial filing fee. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
DATED at Denver, Colorado, this
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court
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