Lornes v. Jhon

Filing 6

ORDER of Dismissal. ORDERED that the complaint 1 and the action are dismissed without prejudice. FURTHER ORDERED that the clerk of the Court is directed to add the alias, William Lee Lornes, to the docketing records for this case. FURTHER ORDERED that leave to proceed in forma pauperis on appeal is denied, by Judge Lewis T. Babcock on 8/17/12. (lygsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-01797-BNB
WILLIAM LEE LORNES THE III, also known as
WILLIAM LEE LORNES,
Plaintiff,
v.
JHON, a Shireff [sic],
JHON, a Major,
JHON, a Sargent [sic], and
JANE DOW, Foster Mom,
Defendants.

ORDER OF DISMISSAL

Plaintiff, William Lee Lornes the III, also known as William Lee Lornes, currently
is incarcerated at the Denver Van Cise-Simonet Detention Center. The caption of this
order has been corrected to include his alias. Mr. Lornes submitted to the Court pro se
on July 10, 2012, in a large manilla envelope a number of loose papers, which the Court
made its best efforts to organize on Mr. Lornes’ behalf. The papers were divided into
eight lawsuits, one of which is the instant action. In this action, Mr. Lornes has
submitted a Prisoner Complaint (ECF No. 1).
The Court reviewed the document, and determined it was deficient. Therefore,
on July 11, 2012, Magistrate Judge Boyd N. Boland directed Mr. Lornes to cure certain
enumerated deficiencies in the case within thirty days if he wished to pursue his claims.

The July 11 order pointed out that Mr. Lornes failed to submit a Prisoner’s Motion
and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 and a certified copy of
his trust fund account statement for the six-month period immediately preceding this
filing obtained from the appropriate prison official. Subsection (a)(2) of 28 U.S.C. §
1915 requires submission of "a certified copy of the trust fund account statement (or
institutional equivalent) for the prisoner for the 6-month period immediately preceding
the filing of the complaint . . . obtained from the appropriate official of each prison at
which the prisoner is or was confined." The July 11 order and the Prisoner’s Motion and
Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 note this requirement.
The July 11 order warned Mr. Lornes that, if he failed to cure the designated
deficiencies within thirty days, the action would be dismissed without prejudice and
without further notice. On July 23, 2012, Mr. Lornes submitted an uncertified copy of his
trust fund account statement as of July 17, 2012 (ECF No. 5), and a copy of an inmate
grievance form (ECF No. 6), both of which lacked a designated docket number. The
documents were filed in each of the cases Mr. Lornes initiated in this Court. Mr. Lornes
is advised that any document he wishes to file in any of his cases in the future must
bear the docket number for the case in which he wants the document filed.
Mr. Lornes has failed within the time allowed to cure the designated deficiencies
by submitting a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28
U.S.C. § 1915 and a certified copy of his trust fund account statement for the six-month
period immediately preceding this filing obtained from the appropriate prison official.
Therefore, the complaint and the action will be dismissed without prejudice for failure to
cure the designated deficiencies as directed within the time allowed.
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Finally, the Court certifies pursuant to § 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 Mr. Lornes 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 (ECF No. 1) and the action are dismissed without
prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for the failure of
Plaintiff, William Lee Lornes the III, within the time allowed, to cure the deficiencies
designated in the order to cure of July 11, 2012. It is
FURTHER ORDERED that the clerk of the Court is directed to add the alias,
William Lee Lornes, to the docketing records for this case. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied. It is
FURTHER ORDERED that any document Mr. Lornes wishes to file in any of his
cases in this Court in the future must bear the docket number for the case in which he
wants the document to be filed.
DATED at Denver, Colorado, this

17th day of

August

, 2012.

BY THE COURT:

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