Abdullah v. Lappin

Filing 4

ORDER of Dismissal. ORDERED that the Complaint and action are dismissed without prejudice. FURTHER ORDERED that leave to proceed in forma pauperis on appeal is denied, by Judge Lewis T. Babcock on 4/23/12. (lygsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-00647-BNB
KHALIFA IMAN-MUHAMMAD MUSTAFA ABDULLAH,
Plaintiff,
v.
HARLEY LAPPIN, Director BOP,
Defendant.

ORDER OF DISMISSAL

On March 14, 2012, Plaintiff, acting pro se, submitted to the Court a pleading
titled “Mandamus.” Plaintiff is a federal prisoner housed in the State of Colorado at ADX
Florence. Magistrate Judge Boyd N. Boland entered an order instructing Plaintiff to file
his claims on a Court-approved form used in filing prisoner complaints and either to
submit a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. §
1915 or to pay the $350.00 fee in advance. Plaintiff was warned that the action would
be dismissed without further notice if he failed to cure the deficiencies within thirty days.
Plaintiff has failed to communicate with the Court further and, as a result, has
failed to cure the deficiencies within the time allowed. The Court, therefore, will dismiss
the action.
The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this
order is not taken in good faith, and, therefore, in forma pauperis status is denied for the
purpose of appeal. See Coppedge v. United States, 369 U.S. 438 (1962). If Plaintiff

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 Tenth Circuit within thirty days in accordance
with Fed. R. App. P. 24. Accordingly, it is
ORDERED that the Complaint and action are dismissed without prejudice
pursuant to Fed. R. Civ. P. 41(b) for failure to cure the deficiencies and for failure to
prosecute. 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, Judge
United States District Court

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