Stapleton v. Rix et al

Filing 5

ORDER of Dismissal. ORDERED that the Complaint and this action are dismissed without prejudice. FURTHER ORDERED that leave to proceed in forma pauperis on appeal is denied, by Judge Lewis T. Babcock on 6/13/12. (lygsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01153-BNB
JOHN J. STAPLETON,
Plaintiff,
v.
T.J. RIX,
TERE HAYWARD, Co agent of T.J. Rix and John or Jane Doe,
supervisor of T.J. Rix,
MESA COUNTY OF COLORADO CODE COMPLIANCE SERVICE,
MESA COUNTY STATE OF COLORADO,
STATE OF COLORADO ATTORNEY GENERAL, John Suthers, and
TONY PIOTROWSKI,
Defendants.

ORDER OF DISMISSAL

Plaintiff, John J. Stapleton, initiated this action by filing a pro se Complaint and
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 on May 2,
2012. He has been granted leave to proceed in forma pauperis.
On May 4, 2012, Magistrate Judge Boyd N. Boland determined that the
Complaint was deficient because it was illegible and because it failed to comply with
Rule 8 of the Federal Rules of Civil Procedure. Accordingly, Mr. Stapleton was directed
to file an amended complaint within thirty (30) days. The May 4 Order warned Plaintiff
that failure to submit an amended complaint by the court-ordered deadline would result
in dismissal of this action without further notice.
Mr. Stapleton has not filed an amended complaint as directed by the May 4, 2012
Order.

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 must also 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 this action are dismissed without prejudice
pursuant to Federal Rule of Civil Procedure 41(b) for the failure of Plaintiff, John J.
Stapleton, to comply with the Court’s May 4, 2012 Order Directing Plaintiff to File
Amended Complaint and for failure to comply with Rule 8 of the Federal Rules of Civil
Procedure. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied. Mr. Stapleton may file a motion in the United States Court of Appeals for the
Tenth Circuit.
DATED at Denver, Colorado, this 13th

day of

June

, 2012.

BY THE COURT:

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

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