Judd v. Obama et al
ORDER of Dismissal. ORDERED that the complaint and the action are dismissed without prejudice. The Motion for Waiver of Fees 5 is denied as moot. Leave to proceed in forma pauperis on appeal is denied without prejudice, by Judge Lewis T. Babcock on 4/11/13.(sgrim)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00559-BNB
SECRETARY OF STATE OF COLORADO, et al., and
DEMOCRATIC PARTY OF COLORADO,
ORDER OF DISMISSAL
Plaintiff, Keith Judd, is a prisoner in the custody of the United States Bureau of
Prisons at a federal prison in Texarkana, Texas. Mr. Judd initiated this action by filing
pro se a document (ECF No. 1) in which he appeared to be seeking judicial relief. The
instant action was commenced and, on March 5, 2013, Magistrate Judge Boyd N.
Boland entered an order directing Mr. Judd to cure certain deficiencies if he wished to
pursue any claims in this Court. Specifically, Magistrate Judge Boland directed Mr.
Judd to file a Prisoner Complaint and either to pay the $350.00 filing fee or to file a
properly supported motion seeking leave to proceed in forma pauperis pursuant to 28
U.S.C. § 1915. Mr. Judd was warned that the action would be dismissed without further
notice if he failed to cure the deficiencies within thirty days.
On March 18, 2013, Mr. Judd filed a Complaint for Declaratory Judgment (ECF
No. 4) and a Motion for Waiver of Fees (ECF No. 5). However, Mr. Judd has failed to
cure the deficiencies within the time allowed because he has failed to file a Prisoner
Complaint on the proper form and he has failed either to pay the $350.00 filing fee or to
file on the proper form a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant
to 28 U.S.C. § 1915. Mr. Judd also has failed to submit a certified copy of his inmate
trust fund account statement as directed and as required pursuant to § 1915(a)(2), and
he has failed to submit an authorization to calculate and disburse filing fee payments as
directed. Therefore, the action will be dismissed without prejudice for failure to cure the
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 and the action are dismissed without prejudice
pursuant to Rule 41(b) of the Federal Rules of Civil Procedure because Mr. Judd failed
to cure the deficiencies as directed. It is
FURTHER ORDERED that the Motion for Waiver of Fees (ECF No. 5) is denied
as moot. 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
11th day of
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court
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