Phillips v. No Defendants Named

Filing 4

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 12/12/12. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-02913-BNB

GWENDOLYN PHILLIPS,
Plaintiff,
v.
NO DEFENDANTS NAMED,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Gwendolyn Phillips, is in the custody of the Colorado Department of
Corrections and currently is housed at the Colorado Mental Health Institute in Pueblo,
Colorado. Plaintiff, acting pro se, initiated this action by filing a Letter with the Court. In
an order entered on November 5, 2012, Magistrate Judge Boyd N. Boland instructed
Plaintiff to cure certain deficiencies if she wished to pursue her claims. Specifically,
Magistrate Judge Boland instructed Plaintiff to file her claims on a Court-approved form
used by plaintiffs detained at a state facility and either to submit a Motion and Affidavit
for Leave to Proceed Pursuant to 28 U.S.C. § 1915, along with a certified trust fund
account statement, or in the alternative pay the $350.00 filing fee in full
Magistrate Judge Boland warned Plaintiff that the action would be dismissed
without further notice if she failed to cure the deficiencies within thirty days. Plaintiff has
failed to communicate with the Court and as a result has failed to cure the 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 she 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.
DATED at Denver, Colorado, this 12th

day of

December

, 2012.

BY THE COURT:

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

2