Young v. Mitchell et al

Filing 6

ORDER of Dismissal. ORDERED that the action is dismissed without prejudice. FURTHER ORDERED that leave to proceed in forma pauperis on appeal is denied, by Judge Lewis T. Babcock on 4/18/13. (lygsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00626-BNB
TIMOTHY DOYLE YOUNG,
Plaintiff,
v.
MR. MITCHELL,
MS. TRUJILLO, and
MR. CARLILE,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Timothy Doyle Young, is in the custody of the United States Bureau of
Prisons and currently is incarcerated at ADX in Florence, Colorado. Originally, Mr.
Young, acting pro se, initiated this action by filing a habeas petition in the United States
District Court for the Southern District of Illinois (Southern District of Illinois). The
Southern District of Illinois construed the filings as a prisoner complaint and transferred
the action to this Court pursuant to § 28 U.S.C. §§ 1391(b) and 1404(a).
In an order entered on March 12, 2013, Magistrate Judge Boyd N. Boland
instructed Mr. Young to submit his claims on a Court-approved form used in filing
prisoner complaints. Mr. Young also was instructed to submit to the Court a Prisoner’s
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 and a certified
copy of his inmate trust fund account statement for the six months prior to the filing of
the instant action, if he desired to proceed in forma pauperis. Otherwise, he was
directed to pay the $350.00 filing fee prior to proceeding in this action.
After review of Mr. Young’s pleadings, the Court agrees that his claims properly

are asserted in a prisoner complaint. Mr. Young now has failed to communicate with
the Court within the time allowed. As a result, he has failed to submit his claims on a
Court-approved form used in filing prisoner complaints, and he has failed either to pay
the $350.00 filing fee in full or to submit a proper 28 U.S.C. § 1915 Motion and Affidavit
along with a certified trust fund account statement for the six months preceding the filing
date of this action within the time allowed. The action, therefore, 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 in forma pauperis status is denied for the
purpose of appeal. See Coppedge v. United States, 369 U.S. 438 (1962). If Mr. Young
files a notice of appeal he must pay the full $455.00 appellate filing fee or file a motion
to proceed in forma pauperis in the Tenth Circuit within thirty days in accordance with
Fed. R. App. P. 24. Accordingly, it is
ORDERED that the action is dismissed without prejudice pursuant to Fed. R. Civ.
41(b) for failure to comply with the March 12, 2013 Order and cure
deficiencies. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied.
DATED at Denver, Colorado, this 18th

day of

April

BY THE COURT:

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

2

, 2013.