Lornes v. Raiass et al

Filing 21

ORDER of Dismissal. ORDERED that the amended complaints 11 12 13 and the action are dismissed without prejudice. FURTHER ORDERED that the clerk of the Court use the caption from the third amended complaint 13 as the Court has done in this orde r, to designate the parties to this action. FURTHER ORDERED that the motions for leave to proceed in forma pauperis 3 14 15 16 17 are denied. FURTHER ORDERED that the motion to vacate pursuant to 28 U.S.C. § 2255 18 , and applications for writ of habeas corpus pursuant to 28 U.S.C. § 2241 19 , and 28 U.S.C. § 2254 20 are denied without prejudice. FURTHER ORDERED that any other pending motions are denied as moot. FURTHER ORDERED that leave to proceed in forma pauperis on appeal is denied, by Judge Lewis T. Babcock on 4/23/12.(lygsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-00638-BNB
WILLIAM LEE LORNES THE 3RD,
Plaintiff,
v.
RAIASS,
HARIASS,
MAJOR THEAN,
SARGEANT DORDY,
CRYSTINA WASHENBURG,
Defendants.

ORDER OF DISMISSAL

Plaintiff, William Lee Lornes the 3rd, currently is incarcerated at the Denver Van
Cise-Simonet Detention Center. He submitted to the Court pro se an illegible Prisoner
Complaint and an illegible Prisoner’s Motion and Affidavit for Leave to Proceed
Pursuant to 28 U.S.C. § 1915. The Court reviewed the documents and determined they
were deficient. Therefore, on March 15, 2012, Magistrate Judge Boyd N. Boland
directed Mr. Lornes to cure certain enumerated deficiencies in the case within thirty
days if he wished to pursue his claims.
The March 15 order pointed out that Mr. Lornes failed to submit a legible
Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 with
an original signature and a certified copy of his trust fund account statement for the sixmonth period immediately preceding this filing obtained from the appropriate prison

official. Subsection (a)(2) of 28 U.S.C. § 1915 requires submission of "a certified copy
of the trust fund account statement (or institutional equivalent) for the prisoner for the 6month period immediately preceding the filing of the complaint . . . obtained from the
appropriate official of each prison at which the prisoner is or was confined." The March
15 order and the Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28
U.S.C. § 1915 note this requirement. The March 15 order also directed Mr. Lornes to
submit a legible Prisoner Complaint with an original signature and addresses provided
for each named Defendant.
The March 15 order warned Mr. Lornes that the action would be dismissed
without prejudice and without further notice if he failed to cure the designated
deficiencies within thirty days. On March 15, Mr. Lornes filed a motion to dismiss (ECF
No. 5) the criminal charges apparently pending against him in state court. On April 5,
2012, Mr. Lornes filed three different amended complaints (ECF Nos. 11, 12, and 13).
The Court has used the caption from the third amended complaint (ECF No. 13) as the
caption for this order. Also on April 5, Mr. Lornes submitted four § 1915 motions and
affidavits, none of which contains a certified copy of his trust fund account statement for
the six-month period immediately preceding this filing obtained from the appropriate
prison official. Finally, Mr. Lornes also submitted on April 5 a motion to vacate pursuant
to 28 U.S.C. § 2255 (ECF No. 18), and applications for writ of habeas corpus pursuant
to 28 U.S.C. § 2241 (ECF No. 19), and 28 U.S.C. § 2254 (ECF No. 20), none of which is
appropriately filed in a § 1983 action.
Mr. Lornes has failed within the time allowed to cure all the deficiencies
designated in the March 15 order. Therefore, the action will be dismissed without
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prejudice for failure to cure the designated deficiencies as directed within the time
allowed.
Finally, the Court certifies pursuant to § 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. Lornes files a notice of appeal he must also 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 amended complaints (ECF Nos. 11, 12, and 13) and the
action are dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of
Civil Procedure for the failure of Plaintiff, William Lee Lornes the 3rd, within the time
allowed, to cure the deficiencies designated in the order to cure of March 15, 2012. It is
FURTHER ORDERED that the clerk of the Court use the caption from the third
amended complaint (ECF No. 13), as the Court has done in this order, to designate the
parties to this action. It is
FURTHER ORDERED that the motions for leave to proceed in forma pauperis
(ECF Nos. 3, 14, 15, 16, and 17) are denied. It is
FURTHER ORDERED that the motion to vacate pursuant to 28 U.S.C. § 2255
(ECF No. 18), and applications for writ of habeas corpus pursuant to 28 U.S.C. § 2241
(ECF No. 19), and 28 U.S.C. § 2254 (ECF No. 20) are denied without prejudice. It is

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FURTHER ORDERED that any other pending motions are denied as moot. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied.
DATED at Denver, Colorado, this 23rd

day of

April

, 2012.

BY THE COURT:

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

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