Main v. Plughe et al

Filing 7

ORDER of Dismissal. ORDERED that the habeas corpus application is denied and the action is dismissed without prejudice. FURTHER ORDERED that no certificate of appealability will issue. FURTHER ORDERED that leave to proceed in forma pauperis on appeal is denied, by Judge Lewis T. Babcock on 4/2/12. (lygsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-00204-BNB
DR. ROY J. MAIN,
Applicant,
v.
WARDEN PAMELA PLUGHE,
CASE MANAGER HANEY, and
ATTORNEY GENERAL’S OFFICE,
Respondents.

ORDER OF DISMISSAL

Applicant initiated this action by filing pro se an Application for a Writ of Habeas
Corpus Pursuant to 28 U.S.C. § 2241. On February 21, 2012, Magistrate Judge Boyd
N. Boland entered an order directing Applicant to file an amended application that raises
only habeas corpus claims and that provides a clear statement of the habeas corpus
claims being asserted. Applicant was warned that the action would be dismissed
without further notice if he failed to file an amended application within thirty days.
Applicant has failed to file an amended application within the time allowed and he
has failed to respond in any way to Magistrate Judge Boland’s February 21 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 Applicant 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 habeas corpus application is denied and the action is
dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil
Procedure because Applicant failed to comply with a court order. It is
FURTHER ORDERED that no certificate of appealability will issue because
Applicant has not made a substantial showing of the denial of a constitutional right. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied.
DATED at Denver, Colorado, this

2nd

day of

April

, 2012.

BY THE COURT:

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

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