Gatewood v. Veterans Affairs, et al.,

Filing 8

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 11/26/12. (mjgsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-02769-BNB

RON L. GATEWOOD,
Plaintiff,
v.
VETERANS AFFAIRS,
DR. COVILLE,
J. TASH BERTON,
DR. PETER QUINTERO,
DR. BRIAN REISS,
DEPT. OF LABOR,
DR. LOEFFOER,
DR. ROBERT KAWASSAKI,
DR. ED BACKER,
DR. CRABOWSKI,
HOLY HEALTH CARE SYS.,
CCIA INSURANCE,
PENNICOL INSURANCE,
WORKERS COMP.,
PSL/HOSPITAL,
HOLLY HEALTH OCCP, and
KAISER PERMANENTE,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Ron L. Gatewood, currently resides in Denver, Colorado. Plaintiff,
acting pro se, initiated this action by filing a Complaint and a Motion and Affidavit for
Leave to Proceed Pursuant to 28 U.S.C. § 1915. In an order entered on October 19,
2012, Magistrate Judge Boyd N. Boland instructed Plaintiff to cure certain deficiencies if

he wished to pursue his claims. Specifically, Magistrate Judge Boland instructed
Plaintiff to submit a properly completed § 1915 Motion that provides information about
his real and personal property and to submit a properly completed complaint form that
includes the addresses for each named defendant and states the proper jurisdiction for
his claims.
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 provided the addresses for all named defendants and the jurisdiction for his
claims, he did not provide all the information regarding his real and personal property as
directed. As a result, he has failed to cure all deficiencies within the time allowed.
Therefore, 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

2

FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied.
DATED at Denver, Colorado, this 26th day of

November

BY THE COURT:

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

3

, 2012.