Rouse v. Mulbahill

Filing 4

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 5/22/13. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-00949-BNB
JEREMY ALEXANDER ROUSE,
Plaintiff,
v.
JUDGE MULBAHILL,
Defendant.

ORDER OF DISMISSAL

Plaintiff, Jeremy Alexander Rouse, currently is incarcerated at the Boulder county
jail. He submitted pro se a complaint (ECF No. 1). The Court reviewed the complaint
and determined it was deficient. Therefore, on April 15, 2013, Magistrate Judge Boyd
N. Boland entered an order (ECF No. 3) directing Mr. Rouse to cure certain deficiencies
in the case within thirty days if he wished to pursue his claims.
The April 15 order pointed out that Mr. Rouse failed to submit either the $350.00
filing fee or a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28
U.S.C. § 1915 on the proper, Court-approved form, i.e., the current form revised
October 1, 2012, with an authorization and certificate of prison official, together with a
certified copy of his trust fund account statement for the six-month period immediately
preceding this filing obtained from the appropriate prison official. The April 15 order
also pointed out that Mr. Rouse failed to submit his complaint on the proper, Courtapproved Prisoner Complaint form. The order directed him to obtain, with the

assistance of his case manager or the facility’s legal assistant, the Court-approved
forms for filing a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28
U.S.C. § 1915 and a Prisoner Complaint. The April 15 order warned Mr. Rouse that if
he failed to cure the designated deficiencies within thirty days, the action would be
dismissed without prejudice and without further notice.
Mr. Rouse has failed to cure the designated deficiencies within the time allowed,
or otherwise to communicate with the Court in any way. Therefore, the complaint and
action will be dismissed without prejudice for Mr. Rouse’s failure to cure the designated
deficiencies 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. Rouse 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 complaint and action are dismissed without prejudice
pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for the failure of Plaintiff,
Jeremy Alexander Rouse, to cure the deficiencies designated in the order to cure of
April 15, 2013, within the time allowed and for his failure to prosecute. It is

2

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

22nd

day of

May

, 2013.

BY THE COURT:

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

3