Howard v. No Respondents Named
Filing
4
ORDER of Dismissal. ORDERED that this action is dismissed without prejudice, by Judge Lewis T. Babcock on 4/4/13. (sgrim)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00501-BNB
DOSSIE HOWARD,
Applicant,
v.
[NO RESPONDENTS NAMED],
Respondent.
ORDER OF DISMISSAL
Applicant, Dossie Howard, initiated this action on February 26, 2013, by
submitting a letter to the Court asserting that he should have been released from
custody from the Denver Sheriff’s Department to begin home detention on January 6,
2013.
In an Order entered February 27, 2013, Magistrate Judge Boyd N. Boland
directed Mr. Howard to cure certain enumerated deficiencies in this action within thirty
days. Specifically, Mr. Howard was ordered to submit a Prisoner’s Motion for Leave to
Proceed Pursuant to 28 U.S.C. § 1915 or, in the alternative, to pay the $5.00 filing fee.
Mr. Howard was also instructed to submit an Application for a Writ of Habeas Corpus
Pursuant to 28 U.S.C. § 2241 on the court-approved form. Magistrate Judge Boland
warned Mr. Howard in the February 27 Order that failure to cure the designated
deficiencies by the court-ordered deadline would result in dismissal of the action without
further notice.
Mr. Howard has now failed to submit any documents in compliance with the
February 27, 2013 Order and has not paid the $5.00 filing fee. Indeed, Mr. Howard has
not communicated with the Court since he initiated this action. Accordingly, it is
ORDERED that this action is dismissed without prejudice pursuant to Rule 41(b)
of the Federal Rules of Civil Procedure for Mr. Howard’s failure to comply with the
February 27, 2013 Order Directing Plaintiff to Cure Deficiencies and for failure to
prosecute.
DATED at Denver, Colorado, this
4th day of
April
, 2013.
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court
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