Huggins v. Supreme Court of the United States et al

Filing 7

ORDER of Dismissal. The Complaint and action are dismissed without prejudice. Leave to proceed in forma pauperis on appeal is denied, by Judge Lewis T. Babcock on 1/25/12. (lsw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-03239-BNB

PAUL HUGGINS, Prophet Evangel Dr. Rev.,
Plaintiff,
v.
SUPREME COURT OF THE UNITED STATES,
PRESIDENT OF THE UNITED STATES,
UNITED STATES CONGRESS,
COLORADO DEPARTMENT OF CORRECTIONS,
STATE OF COLORADO,
UNITED STATES ATTORNEY GENERAL,
UNITED STATES ATTORNEY, and
COLORADO SUPREME COURT,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Paul Huggins, currently resides in Denver, Colorado. Mr. Huggins,
acting pro se, initiated this action by filing a Complaint and a Motion and Affidavit for
Leave to Proceed Pursuant to 28 U.S.C. § 1915. After review of the Complaint,
Magistrate Judge Boyd N. Boland determined that Mr. Huggins claims for the most part
were unintelligible and that he failed to comply with Fed. R. Civ. P. 8 and Nasious v.
Two Unknown B.I.C.E. Agents, 492 F.3d 1158, 1163 (10th Cir. 2007). Magistrate Judge
Boland directed Mr. Huggins to file an Amended Complaint. Mr. Huggins was given
thirty days to file the Amended Complaint. Mr. Huggins now has failed to communicate
with the Court and as a result has failed to file the Amended Complaint within the time
allowed.

Upon review of the Complaint, the Court finds that Magistrate Judge Boland
correctly instructed Mr. Huggins to amend and to comply with Rule 8 of the Federal
Rules of Civil Procedure and Nasious. Because Mr. Huggins has failed to file an
Amended Complaint within the time allowed the action will be dismissed.
Finally, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal
from this Order is not 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 Mr. Huggins files a notice of appeal he must also 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 action are dismissed without prejudice
pursuant to Fed. R. Civ. P. 41(b) for failure to file an Amended Complaint and for failure
to prosecute. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied.
DATED at Denver, Colorado, this 25th

day of

January

, 2012.

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

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