Pauls v. Colorado Department of Corrections et al

Filing 6

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 4/10/12. (lswsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-00496-BNB
DENNIS WAYNE PAULS,
Plaintiff,
v.
COLORADO DEPARTMENT OF CORRECTIONS,
COLORADO DEPARTMENT OF PAROLE.
SAM LEAL, Parole Officer, and
PAROLE OFFICE, Gallepagos Street, Englewood,
Defendants.

ORDER OF DISMISSAL

On March 5, 2012, Magistrate Judge Boyd N. Boland entered an order directing
Plaintiff, Dennis Wayne Pauls, to file an amended complaint that clarifies who he is
suing and that includes a short and plain statement of each claim he is asserting in
compliance with the pleading requirements of Rule 8 of the Federal Rules of Civil
Procedure. Mr. Pauls was warned that the action would be dismissed without further
notice if he failed to file an amended complaint within thirty days.
Mr. Pauls has failed to file an amended complaint within the time allowed and he
has failed to respond in any way to Magistrate Judge Boland’s March 5 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 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 Mr. Pauls failed
to comply with a court order. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied.
DATED at Denver, Colorado, this

10th

day of

April

, 2012.

BY THE COURT:

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

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