Zellner v. Denver County Sheriffs Department et al

Filing 6

ORDER of Dismissal. Complaint and action are dismissed without prejudice for failure to cure deficiencies and for failure to prosecute. Leave to proceed in forma pauperis on appeal is denied, by Judge Lewis T. Babcock on 5/29/12. (gmssl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-01021-BNB
KURT A. ZELLNER,
Plaintiff,
v.
DENVER COUNTY SHERIFF,
DENVER COUNTY/CITY JAIL, and
DENVER COUNTY,
Defendants.

ORDER OF DISMISSAL

On April 16, 2012, Plaintiff Kurt A. Zellner, acting pro se, submitted to the Court a
Prisoner Complaint and a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant
to 28 U.S.C. § 1915. At the time Mr. Zellner initiated this action, he asserted that he
was housed at the Sterling Correctional Facility in Sterling, Colorado.
On April 17, 2012, Magistrate Judge Boyd N. Boland entered an order instructing
Mr. Zellner to submit an inmate account statement that is certified by an official at the
institution where he is held and that is for the six-month period immediately preceding
the filing of this action. Mr. Zellner was warned that the action would be dismissed
without further notice if he failed to cure the deficiencies within thirty days.
The April 17 Order to Cure was returned to the Court on April 23, 2012. The
envelope in which the Order was sent to Mr. Zellner was marked as “Return to Sender
Refused Unable to Forward.” Rule 10.1M. of the Local Rules of Practice of the United

States District Court for the District of Colorado-Civil, states that a party must file a
notice of a new address within five days of any change of address. Nonetheless, Mr.
Zellner now has failed to communicate with the Court and has failed to cure the
deficiencies within the time allowed.
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 Mr. Zellner
files a notice of appeal he must also pay the full $455 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 29th

day of

May

, 2012.

BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Judge
United States District Court

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