Valdez v. Stob et al

Filing 11

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 5/22/13. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-00388-BNB
ADRIAN VALDEZ,
Plaintiff,
v.
CHRISTIAN STOB, Denver Health Medical Center,
CAT METZGER, Denver Health Medical Center, and
DENVER SHERIFF’S DEPARTMENT MEDICAL DEPARTMENT, et al.,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Adrian Valdez, initiated this action by filing pro se a “Complaint Pursuant
to 42 U.S.C. 1983” (ECF No. 1) and an uncertified copy of his inmate trust fund account
statement for the period from January 11, 2013, through February 11, 2013. On
February 14, 2013, Magistrate Judge Boyd N. Boland entered an order directing Mr.
Valdez to cure certain deficiencies if he wished to pursue his claims in this action.
Specifically, Magistrate Judge Boland ordered Mr. Valdez to file on the proper form a
Prisoner Complaint and either pay the $350.00 filing fee or file a properly supported
Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915. Mr.
Valdez was warned that the action would be dismissed without further notice if he failed
to cure the deficiencies within thirty days.
On March 8, 2013, Mr. Valdez filed a notice of change of address that indicates
he had been released from prison. On March 11, 2013, Magistrate Judge Boland

entered a second order directing Mr. Valdez to cure the deficiencies in this action.
However, because Mr. Valdez no longer was a prisoner, Magistrate Judge Boland
directed him to use the appropriate non-prisoner forms to cure the deficiencies. Mr.
Valdez again was warned that the action would be dismissed without further notice if he
failed to cure the deficiencies within thirty days.
On April 12, 2013, Mr. Valdez filed a letter to the Court stating he is incarcerated
in the Denver County Jail and inquiring about the status of his claims. On April 15,
2013, Magistrate Judge Boland entered a third order directing Mr. Valdez to cure the
deficiencies in this action. Because he again is a prisoner, Magistrate Judge Boland
directed him to use the appropriate prisoner forms to cure the deficiencies. Mr. Valdez
again was warned that the action would be dismissed without further notice if he failed
to cure the deficiencies within thirty days.
On April 22, 2013, the copy of Magistrate Judge Boland’s April 15 order that was
mailed to Mr. Valdez at the Denver County Jail was returned to the Court undelivered.
The returned envelope (ECF No. 10) bears a stamp indicating that the mail could not be
delivered without an inmate number. Mr. Valdez did not provide a Denver County Jail
inmate number when he advised the Court on April 12, 2013, that he was incarcerated
at the Denver County Jail.
Pursuant to Rule 10.1M. of the Local Rules of Practice of the United States
District Court for the District of Colorado-Civil, a party must file a notice of new address
within five days of any change of address. By failing to provide an inmate number, Mr.
Valdez has failed to comply with the Court’s local rules and, as a result, he has failed
within the time allowed to cure the deficiencies. Therefore, the action will be dismissed.
2

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 Pursuant to 42 U.S.C. 1983” (ECF No. 1) and the
action are dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of
Civil Procedure because Mr. Valdez 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 22nd day of

May

, 2013.

BY THE COURT:

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

3