Abdullah v. Berkbil et al

Filing 6

ORDER of Dismissal. ORDERED that the Complaint and action are dismissed without prejudice. FURTHER ORDERED that leave to proceed in forma pauperis on appeal is denied. FURTHER ORDERED that all pending motions 4 5 are denied as moot, by Judge Lewis T. Babcock on 10/15/12.(lygsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-02324-BNB
KHALIFA IMAM MUHAMMAD MUSTAFA ABDULLAH,
Plaintiff,
v.
BERBIL, Warden,
CHRIS, Captain,
RENGAL, Unit Man.,
BREAM, C.O., and
BLITNER, C.O.,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Khalifa Imam Muhammad Mustafa Abdullah, is in the custody of the
United States Bureau of Prisons and currently is incarcerated at ADX in Florence,
Colorado. Plaintiff, acting pro se, initiated this action by filing a pleading titled “Heabeas
[sic] Corpus U.S.C. 2255 U.S.C. 2241.” In an order entered on September 5, 2012,
Magistrate Judge Boyd N. Boland construed the action as properly filed pursuant to
Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388
(1971), and instructed Plaintiff to file his claims on a Court-approved form used in filing
prisoner complaints. Magistrate Judge Boland also instructed Plaintiff either to pay the
$350.00 filing fee or to submit a Prisoner’s Motion and Affidavit for Leave to Proceed
Pursuant to 28 U.S.C. § 1915 form.
Magistrate Judge Boland warned Plaintiff that the action would be dismissed
without further notice if he failed to cure the deficiencies within thirty days. Although
Plaintiff has filed a Motion to Proceed and a Motion for Release, the pleadings are

nonresponsive to the Order of September 5, 2012 Order. Plaintiff now has failed to
comply with the September 5, 2012 Order within the time allowed, and the action will be
dismissed.
The Court also 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 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 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 action are dismissed without prejudice
pursuant to Fed. R. Civ. P. 41(b) for failure to cure all deficiencies and for failure to
prosecute. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied. It is
FURTHER ORDERED that all pending motions are denied as moot.
DATED at Denver, Colorado, this 15th

day of

October

, 2012.

BY THE COURT:

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

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