Patterson v. Saint Joseph's Hospital et al

Filing 10

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 1/9/13. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-02483-BNB
KPODON PATTERSON,
Plaintiff,
v.
SAINT JOSEPH’S HOSPITAL,
SISTERS OF CHARITY LEAVENWORTH,
SISTERS OF CHARITY HEALTH SYSTEM,
EXEMPLA HEALTH CARE, and
KAISER PERME,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Kpodon Patterson, initiated this action by filing pro se a Complaint. On
September 19, 2012, Magistrate Judge Boyd N. Boland entered an order directing Mr.
Patterson to file an amended complaint that complies with the pleading requirements of
Rule 8 of the Federal Rules of Civil Procedure. Mr. Patterson was warned that the
action would be dismissed without further notice if he failed to file an amended
complaint within thirty days. On October 19, 2012, Magistrate Judge Boland entered a
minute order granting Mr. Patterson an extension of time until November 19, 2012, to
file an amended complaint as directed. On November 19, 2012, Magistrate Judge
Boland entered a minute order granting Mr. Patterson an extension of time until
December 21, 2012, to file an amended complaint as directed.
Mr. Patterson has failed to file an amended complaint within the time allowed.

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. Patterson
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

9th

day of

January

, 2013.

BY THE COURT:

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

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