Left Hand Bull v. No Named Defendant

Filing 7

ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 6/12/13. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-00965-BNB
MERLE LEFT HAND BULL,
Plaintiff,
v.
[NO DEFENDANTS NAMED],
Defendants.

ORDER OF DISMISSAL

Plaintiff, Merle Left Hand Bull, is a prisoner in the custody of the United States
Bureau of Prisons at the Federal Correctional Institution in Florence, Colorado. Plaintiff
initiated this action by filing pro se a letter to the Court (ECF No. 1) complaining about
the conditions of his confinement. The instant action was commenced and, on April 16,
2013, Magistrate Judge Boyd N. Boland entered an order directing Plaintiff to cure
certain deficiencies if he wished to pursue his claims. Specifically, Magistrate Judge
Boland directed Plaintiff to file a Prisoner Complaint and either to pay the $350.00 filing
fee or to file a properly supported motion seeking leave to proceed in forma pauperis
pursuant to 28 U.S.C. § 1915. Plaintiff was warned that the action would be dismissed
without further notice if he failed to cure the deficiencies within thirty days.
On May 3, 2013, Plaintiff filed a letter to the Court in which he appeared to allege
that he had been unable to obtain the necessary forms to cure the deficiencies in this
action. On May 6, 2013, Magistrate Judge Boland entered a minute order directing the

clerk of the Court to mail the necessary forms to Plaintiff and granting Plaintiff an
extension of time to cure the deficiencies.
Plaintiff has failed to cure the deficiencies within the time allowed. 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 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 action is dismissed without prejudice pursuant to Rule 41(b)
of the Federal Rules of Civil Procedure because Plaintiff 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 12th

day of

June

, 2013.

BY THE COURT:

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

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