Kailey v. Ritter et al

Filing 16

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, by Judge Lewis T. Babcock on 8/20/12. (lygsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01018-BNB
RANDY KAILEY,
Plaintiff,
v.
BILL RITTER, JR.,
COLORADO DEPARTMENT OF CORRECTIONS,
ARISTEDES ZAVARAS,
ANTHONY A. DeCESARO,
PAMELA J. PLOUGH,
DAVE LINAM,
LINDA MAIFIELD,
MARK HOLLOWAY,
MIKE LEEWAYE,
ROBERT BLATNER,
"JANE" TOOMEY,
ALBERTUS GERTH, and
"JANE" HAND,
Defendants.

ORDER OF DISMISSAL

Plaintiff Randy Kailey, a pro se prisoner litigant, is in the custody of the Colorado
Department of Corrections and currently is incarcerated at the correctional facility in
Sterling, Colorado. On July 12, 2012, the Court denied Mr. Kailey leave to proceed in
forma pauperis pursuant to 28 U.S.C. § 1915(g), because he has filed at least three
actions that were dismissed as either legally frivolous or for failure to state a claim, and
he has failed to set forth specific allegations in this action of ongoing serious physical
injury or a pattern of misconduct evidencing the likelihood of imminent serious physical
injury.

The Court instructed Mr. Kailey to pay the entire $350.00 filing fee within thirty
days if he wished to pursue his claims in this action. The Court warned Mr. Kailey that if
he failed to pay the filing fee within thirty days the Complaint and the action would be
dismissed. He now has failed to pay the filing fee within the time allowed. The
Complaint and the action, therefore, will be dismissed.
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 will be denied
for the purpose of appeal. See Coppedge v. United States , 369 U.S. 438 (1962). Mr.
Kailey 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 Fed. R. Civ. P. 41(b) because Mr. Kailey failed to pay the $350.00 filing fee
in full within the time allowed. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied.
DATED at Denver, Colorado, this 20th

day of

August

BY THE COURT:

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

2

, 2012.