Brown v. USA

Filing 5

ORDER of Dismissal. ORDERED that the complaint and the action are dismissed without prejudice. FURTHER ORDERED that leave to proceed in forma pauperis on appeal is denied without prejudice, by Judge Lewis T. Babcock on 5/11/12. (lygsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-00742-BNB
WILLIAM BROWN,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

ORDER OF DISMISSAL

On March 29, 2012, Magistrate Judge Boyd N. Boland entered an order granting
Plaintiff leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 in this action.
Pursuant to § 1915(b)(1), Magistrate Judge Boland ordered Plaintiff either to pay an
initial partial filing fee or to show cause why he has no assets and no means by which to
pay the initial partial filing fee. Plaintiff was warned that the complaint and the action
would be dismissed without further notice if he failed either to pay the initial partial filing
fee or to show cause within thirty days.
Plaintiff has failed within the time allowed either to pay the initial partial filing fee
or to show cause why he is unable to pay the initial partial filing fee. In fact, Plaintiff has
failed to respond to Magistrate Judge Boland’s March 29 order in any way. Therefore,
the complaint and the action will be dismissed.
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 Plaintiff failed
within the time allowed to comply with a court order directing him either to pay the initial
partial filing fee or to show cause why he has no assets and no means by which to pay
the initial partial filing fee. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied without prejudice to the filing of a motion seeking leave to proceed in forma
pauperis on appeal in the United States Court of Appeals for the Tenth Circuit.
DATED at Denver, Colorado, this 11th

day of

May

, 2012.

BY THE COURT:

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

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