Coyote et al v. Mont. Co. Shertiff's Dept. et al

Filing 9

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 without prejudice, by Judge Lewis T. Babcock on 10/17/12. (lygsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-02368-BNB
MONTGOMERY WOLFBEAR COYOTE, and
MARION ORNESTUS HARPER, III,
Plaintiffs,
v.
MONT. CO. SHERIFF’S DEPT.,
MONTEZUMA CO. BOARD OF COMM.,
CITY OF CORTEZ, Colorado,
CORTEZ POLICE DEPT. OFF. MARTINEZ,
22ND JUDICIAL DIST. JUDGES,
DOUGLAS WALKER,
TODD PLEWE,
JENNILYNNE LAWRENCE, and
DIST. ATTY. RUSSELL WESLEY,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Marion Ornestus Harper, III, initiated this action by filing pro se a
Complaint. Although the Complaint lists two Plaintiffs, only Mr. Harper signed the
Complaint.
On September 10, 2012, Magistrate Judge Boyd N. Boland entered an order
directing Mr. Harper to file an amended complaint that complies with the pleading
requirements of Rule 8 of the Federal Rules of Civil Procedure. Mr. Harper was warned
that the action would be dismissed without further notice if he failed to file an amended
complaint within thirty days.
Mr. Harper has failed to file an amended complaint within the time allowed and

he has failed to respond in any way to Magistrate Judge Boland’s September 10 order.
Therefore, the action will be dismissed without prejudice for failure to comply with a
court order.
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 complaint and the action are dismissed without prejudice
pursuant to Rule 41(b) of the Federal Rules of Civil Procedure because Mr. Harper
failed to comply with a court order. 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

17th day of

October

, 2012.

BY THE COURT:

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

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