Moore v. Colorado Department of Correction

Filing 4

ORDER of Dismissal. ORDERED that the motion for injunctive relief 1 is denied and the action is dismissed without prejudice. FURTHER ORDERED that leave to proceed in forma pauperis on appeal is denied without prejudice, by Judge Lewis T. Babcock on 2/14/13.(sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-03345-BNB
ARTHUR J. MOORE,
Plaintiff,
v.
COLORADO DEPARTMENT OF CORRECTIONS,
Defendant.

ORDER OF DISMISSAL

Plaintiff, Arthur J. Moore, is a prisoner in the custody of the Colorado Department
of Corrections. Mr. Moore initiated this action by filing pro se a document titled
“Injunction” (ECF No. 1), which was docketed as a motion for injunctive relief, in which
he seeks judicial relief concerning the conditions of his confinement. On January 8,
2013, Magistrate Judge Boyd N. Boland entered an order directing Mr. Moore to cure
certain deficiencies if he wished to pursue his claims. Specifically, Magistrate Judge
Boland ordered Mr. Moore to file a Prisoner Complaint and either to pay the $350.00
filing fee or to file a properly supported Prisoner’s Motion and Affidavit for Leave to
Proceed Pursuant to 28 U.S.C. § 1915. Mr. Moore was warned that the action would be
dismissed without further notice if he failed to cure the deficiencies within thirty days.
Mr. Moore has failed to cure the deficiencies within the time allowed and he has
failed to respond in any way to Magistrate Judge Boland’s January 8 order. Therefore,
the action will be dismissed without prejudice for failure to cure the deficiencies.

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 motion for injunctive relief (ECF No. 1) is denied and the
action is dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil
Procedure because Mr. Moore failed to cure the deficiencies as directed. 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

14th day of

February

, 2013.

BY THE COURT:

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

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