Schmier et al v. Equifax Information Services, LLC et al

Filing 4

ORDER of Dismissal. ORDERED that the Complaint 1 and the action are dismissed without prejudice. Leave to proceed in forma pauperis on appeal is denied without prejudice, by Judge Lewis T. Babcock on 4/25/13. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-00730-BNB
JONATHANDAVID D. SCHMIER, and
TRISTA ANNE SCHMIER,
Plaintiffs,
v.
EXPERIAN INFORMATION SOLUTIONS, INC.,
EQUIFAX INFORMATION SERVICES, LLC, and
TRANS UNION CORP.,
Defendants.

ORDER OF DISMISSAL

Plaintiffs, Jonathandavid D. Schmier and Trista Anne Schmier, initiated this
action by filing pro se a Complaint (ECF No. 1). On March 21, 2013, Magistrate Judge
Boyd N. Boland entered an order directing Plaintiffs to cure certain deficiencies if they
wished to pursue any claims in this Court. Specifically, Magistrate Judge Boland
ordered Plaintiff’s to file an amended pleading that is signed by both Plaintiffs and either
to pay the $350.00 filing fee or to file individual motions seeking leave to proceed in
forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiffs were warned that any Plaintiff
who failed to cure the designated deficiencies within thirty days would be dismissed as a
party to this action without further notice.
Neither Plaintiff has cured the deficiencies within the time allowed, and neither
has responded in any way to Magistrate Judge Boland’s March 21 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 either 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 (ECF No. 1) and the action are dismissed without
prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure because
Plaintiffs 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

25th

day of

April

, 2013.

BY THE COURT:

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

2