Watkins v. Tanner, 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 7/12/13. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-00833-BNB
ALLEN WATKINS,
Plaintiff,
v.
CAPT. D. TANNER,
SGT. T. VAUGHAN,
LT. J. NITSCH,
SGT. ARMSTRONG,
CO ROSS,
CO LARSON,
DENVER POLICE DEPARTMENT, and
ADREEN GREEN,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Allen Watkins, is a prisoner in the custody of the Colorado Department
of Corrections who currently is incarcerated at the Centennial Correctional Facility in
Cañon City, Colorado. He filed pro se a Prisoner Complaint (ECF No. 9) and a
Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915
(ECF No. 8). He was granted leave to proceed in forma pauperis pursuant to § 1915.
On June 5, 2013, Magistrate Judge Boyd N. Boland directed Mr. Watkins to file
within thirty days an amended Prisoner Complaint that complied with the pleading
requirements of Rule 8 of the Federal Rules of Civil Procedure and the Local Rules of
Practice for this Court, asserted the personal participation of each named Defendant,
and sued the proper parties. See ECF No. 11. The order warned Mr. Watkins that if he

failed to file an amended complaint as directed within the time allowed, the Prisoner
Complaint and the action would be dismissed without further notice.
Mr. Watkins has failed to file an amended Prisoner Complaint as directed in the
June 5 order, or otherwise to communicate with the Court in any way. Therefore, the
Prisoner Complaint and the action will be dismissed for Mr. Watkins’ failure to file an
amended Prisoner Complaint as directed within the time allowed, and for his failure to
prosecute.
Finally, the Court certifies pursuant to § 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 Mr. Watkins files a notice of appeal he also must pay the full $455.00
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 Prisoner Complaint (ECF No. 9) and the action are
dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil
Procedure for the failure of Plaintiff, Allen Watkins, within the time allowed, to file an
amended Prisoner Complaint as directed in the order of June 5, 2013 (ECF No. 11),
and for his failure to prosecute. It is

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FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied. It is
FURTHER ORDERED that any pending motions are denied as moot.
DATED at Denver, Colorado, this

12th

day of

July

, 2013.

BY THE COURT:

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

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