Hanson v. Clements et al

Filing 12

ORDER of Dismissal. The action is dismissed without prejudice. Leave to proceed in forma paupers on appeal is denied. No certificate of appealability shall issue, by Judge Lewis T. Babcock on 2/1/12. (lsw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-03295-BNB
IN RE: DAVID J. HANSON, Ens Legis,
Plaintiff,
v.
TOM CLEMENTS, (d.b.a.) Executive Director, CDOC,
Defendant.

ORDER OF DISMISSAL

Plaintiff, David J. Hanson, is in the custody of the Colorado Department of
Corrections (DOC) and currently is incarcerated at the Fremont Correctional Facility in
Cañon City, Colorado. Mr. Hanson, acting pro se, initiated this action by filing a Notice
and Request to file a habeas action under 28 U.S.C. § 2241. In an order entered on
December 21, 2011, Magistrate Judge Boyd N. Boland instructed Mr. Hanson to cure
certain deficiencies. Specifically, Magistrate Judge Boland directed Mr. Hanson to
submit his claims and his request to proceed pursuant to § 1915 on the proper CourtApproved forms. Magistrate Judge Boland warned Mr. Hanson that the action would be
dismissed without further notice if he failed to cure the deficiencies within thirty days.
On January 25, 2012, Mr. Hanson filed a request for certification of a class
action, a prisoner complaint, and three motions to supplement the complaint. The Court
will not consider any of these filings because Mr. Hanson has failed to cure all the
deficiencies noted in the December 21 Order. He has failed to submit a Prisoner’s
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 and a certified

account statement. Therefore, the action will be dismissed without prejudice for failure
to comply with all noted deficiencies in the December 21 Order.
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. Hanson files a notice of appeal he 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 action is dismissed without prejudice pursuant to Fed. R. Civ.
P. 41(b) for failure to cure the deficiencies and for failure to prosecute. It is
FURTHER ORDERED that leave to proceed in forma paupers on appeal is
denied. It is
FURTHER ORDERED that no certificate of appealability shall issue because Mr.
Hanson has not made a substantial showing that jurists of reason would find it
debatable whether the procedural ruling is correct and whether the underlying claim has
constitutional merit.
DATED at Denver, Colorado, this

1st

day of

February

, 2012.

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

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