Jabalera E. v. Six Unknown Names Agents et al

Filing 5

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, 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-02342-BNB
JESUS J. JABALERA, a.k.a. JESUS JOSE JABALERA-ENRIQUEZ,
Plaintiff,
v.
SIX UNKNOWN NAMES AGENTS, and
BARAK OBAMA, Mr. President of the United States,
Defendants.

ORDER OF DISMISSAL

On August 31, 2012, Plaintiff Jesus J. Jabalera, aka Jesus Jose JabaleraEnriquez, acting pro se, submitted to the Court a Prisoner Complaint. At the time he
initiated this action, Plaintiff was incarcerated at the Big Spring-CC Airpark United
Correctional Center in Big Spring, Texas.
On September 5, 2012, Magistrate Judge Boyd N. Boland entered an order
instructing Plaintiff to file his claims on a current Court-approved form and to submit a
Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 and
a certified trust fund account statement for the six-month period immediately preceding
the filing of this action. Plaintiff was warned that the action would be dismissed without
further notice if he failed to cure the deficiencies within thirty days.
The September 5, 2012 Order to Cure was returned to the Court on September
14, 2012. The envelope, in which the Order was sent to Plaintiff was marked “Return to
Sender Refused Unable to Forward” and “RTS Released.” Rule 10.1M. of the Local

Rules of Practice of the United States District Court for the District of Colorado-Civil,
states that a party must file a notice of a new address within five days of any change of
address. Plaintiff now has failed to communicate with the Court, and as a result he has
failed to cure the deficiencies within the time allowed. The Court, therefore, will dismiss
the action.
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 is 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 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 the deficiencies and for failure to
prosecute. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied.
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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