Jones v. Daniel et al

Filing 14

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 8/10/12. (lygsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01388-BNB
ANTOINE JONES,
Plaintiff,
v.
WARDEN CHARLES DANIEL,
WARDEN BLAKE R. DAVIS,
WARDEN SARA M. REVELL,
WARDEN J. M. WILNER,
A.W. J. C. HOLLAND,
MAILROOM SUPERVISOR, Unknown Name, and
MAILROOM STAFF, Unknown Name,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Antoine Jones, a pro se prisoner litigant, currently is held at the Central
Detention Facility in Washington, D.C. On July 5, 2012, the Court denied Mr. Jones
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 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. Jones 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. Jones that if
he failed to pay the filing fee within thirty days the Complaint and the action would be
dismissed.

On July 19, 2012, Mr. Jones filed a Notice of Appeal with the Tenth Circuit Court
of Appeals challenging this Court’s order denying his request to proceed pursuant to 28
U.S.C. § 1915. 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 or the Court’s July 5, 2012 Order, ECF No. 9, 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. Jones 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. Jones 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 10th day of

August

, 2012.

BY THE COURT:

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

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