Merrill v. Mink et al

Filing 12

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 6/14/13. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00790-BNB

RANDY ALAN MERRILL,
Plaintiff,
v.
THEADORE MINK, JCSO,
CINDY KERRIGAN,
ARAMARK CORP., and
JEFFERSON COUNTY SHERIFF’S OFFICE,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Randy Alan Merrill, currently is detained at the Jefferson County
Detention Center in Golden, Colorado. Plaintiff, acting pro se, initiated this action by
filing a Prisoner Complaint. After review of Plaintiff’s Complaint, Magistrate Judge Boyd
N. Boland directed Plaintiff to file an Amended Complaint and assert how all named
parties personally participated in violating his constitutional rights. Plaintiff was given
thirty days to file the Amended Complaint.
The Court finds that Magistrate Judge Boland correctly instructed Plaintiff to
amend and assert personal participation. Therefore, because Plaintiff has failed to file
an Amended Complaint within the time allowed the action will be dismissed.
Finally, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal
from this Order is not 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 must also 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 action are dismissed without prejudice
pursuant to Fed. R. Civ. P. 41(b) for failure to file an Amended Complaint and for failure
to prosecute. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied.
DATED at Denver, Colorado, this 14th

day of

June

, 2013.

BY THE COURT:

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

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