Miller v. Douglas et al

Filing 7

ORDER of Dismissal. ORDERED that the complaint 1 and the action are dismissed without prejudice. FURTHER ORDERED that leave to proceed in forma pauperis on appeal is denied, by Judge Lewis T. Babcock on 4/27/12. (lygsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-00498-BNB
RONALD G. MILLER,
Plaintiff,
v.
OFFICER CHRISTOPHER DOUGLAS, and
CAPTAIN WENDT,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Ronald G. Miller, is a prisoner in the custody of the Colorado
Department of Corrections who currently is incarcerated at the correctional facility in
Limon, Colorado. Mr. Miller initiated the instant action by filing pro se a prisoner
complaint (ECF No. 1) pursuant to 42 U.S.C. § 1983 for money damages. On March
19, 2012, Magistrate Judge Boyd N. Boland entered an order (ECF No. 6) granting him
leave to proceed pursuant to 28 U.S.C. § 1915, and directing him, within thirty days,
either to pay a $26.00 initial partial filing fee or to show cause why he has no assets and
no means by which to pay the designated initial partial filing fee. The March 19 order
informed Mr. Miller that, in order to show cause, he must file a certified copy of his trust
fund account statement.
Mr. Miller has failed, within the time allowed, to pay the initial partial filing fee,
show cause as directed why he is unable to do so, or otherwise communicate with the
Court in any way. Therefore, the complaint and the action will be dismissed.

Finally, 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 Mr. Miller files a notice of appeal he also must pay the full $455.00 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 (ECF No. 1) and the action are dismissed without
prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for the failure of
Plaintiff, Ronald G. Miller, to comply with the directives of the order of March 19, 2012
(ECF No. 6), and for his failure to prosecute. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied.
DATED at Denver, Colorado, this

27th

day of

April

, 2012.

BY THE COURT:

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

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