Rudkin v. Allred et al

Filing 4

ORDER of Dismissal. ORDERED that the Prisoner 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 7/13/12. (lygsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-01471-BNB
MICHAEL RUDKIN,
Plaintiff,
v.
DAVID ALLRED,
GREEN,
LOPEZ,
ANTHONY OSAGIE,
C.A. WILSON, and
BUREAU OF PRISONS,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Michael Rudkin, initiated this action by filing pro se a Prisoner
Complaint. On June 7, 2012, Magistrate Judge Boyd N. Boland entered an order
directing Mr. Rudkin to cure certain deficiencies if he wished to pursue his claims.
Specifically, Magistrate Judge Boland ordered Mr. Rudkin either to pay the $350.00
filing fee or to file a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28
U.S.C. § 1915 along with a certified copy of his inmate trust fund account statement in
support of the 28 U.S.C. § 1915 motion. Mr. Rudkin was warned that the action would
be dismissed without further notice if he failed to cure the deficiencies within thirty days.
Mr. Rudkin has failed to cure the deficiencies within the time allowed and he has
failed to respond in any way to Magistrate Judge Boland’s June 7 order. Therefore, the
action will be dismissed without prejudice for failure to cure the deficiencies.

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 Prisoner Complaint and the action are dismissed without
prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure because Mr.
Rudkin failed to cure the deficiencies as directed. 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

13th

day of

July

, 2012.

BY THE COURT:

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

2