Reynolds v. Luckenbaugh et al

Filing 9

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 4/3/12. (lswsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-00022-BNB
HOOVER REYNOLDS,
Plaintiff,
v.
H. MICHAEL LUCKENBAUGH,
CLEMENT P. ENGLE,
EL PASO COUNTY COURT OF COLORADO, and
THE STATE OF COLORADO OFFICE OF THE ATTORNEY GENERAL,
Defendants.

ORDER OF DISMISSAL

On February 23, 2012, the Court denied Plaintiff leave to proceed in forma
pauperis pursuant to 28 U.S.C. § 1915 in this action because he is subject to the filing
restriction in § 1915(g). The Court also ordered Plaintiff to pay the entire $350.00 filing
fee within thirty days if he wishes to pursue his claims in this action. The Court warned
Plaintiff that the action would be dismissed without further notice if he failed to pay the
filing fee within thirty days.
Plaintiff has failed to pay the filing fee within the time allowed and he has failed to
communicate with this Court in any way since the Court denied him leave to proceed in
forma pauperis on February 23. Therefore, the action will be dismissed for failure to
pay the filing fee.
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 to
pay the filing fee as directed. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied.
DATED at Denver, Colorado, this 3rd

day of

April

, 2012.

BY THE COURT:

s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court

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