Fay v. State of CO et al

Filing 7

ORDER dismissing this action without prejudice, and denying both 4 Motion for Injuction and leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 7/19/13. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-01165-BNB
J M (MARIA J) FAY,
Plaintiff,
v.
STATE OF CO,
CO PUC,
RELAY CO,
AT&T as RELAY CO,
BOARD OF COUNTY COMMISSIONERS FOR ARAPAHOE COUNTY (BOCC),
ARAPAHOE COUNTY SHERIFFS OFFICE (ACSO),
ARAPAHOE COUNTY JAIL, and
FEDERAL COMMUNICATION COMMISSION (FCC),
Defendants.

ORDER OF DISMISSAL

Plaintiff, J M (Maria J) Fay, filed pro se a Motion and Affidavit for Leave to
Proceed Pursuant to 28 U.S.C. § 1915 (ECF No. 3) and a Complaint (ECF No. 1)
pursuant to the Americans With Disability Act (ADA), 42 U.S.C. § 12101, et seq., for
injunctive relief and money damages.
On June 12, 2013, Magistrate Judge Boyd N. Boland entered an order granting
Ms. Fay leave to proceed pursuant to 28 U.S.C. § 1915 and directing her to file an
amended Complaint that complied with the pleading requirements of Rule 8 of the
Federal Rules of Civil Procedure, the Local Rules of Practice for this Court concerning
legibility, and the requirements for an ADA lawsuit. The June 12 order warned Ms. Fay
that if she failed to file an amended Complaint as directed within the time allowed, the

Complaint and the action would be dismissed without further notice. Ms. Fay has failed
to comply with the directives of the June 12 order or otherwise to communicate with the
Court in any way. Therefore, the Complaint and action will be dismissed without
prejudice for Ms. Ray’s failure to file an amended Complaint as directed within the time
allowed and for her 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 Ms. Fay files a notice of appeal she 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,
J M (Maria J) Fay, to file an amended Complaint as directed in the order of June 12,
2013, within the time allowed, and for her failure to prosecute. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied. It is

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FURTHER ORDERED that the motion for injunction (ECF No. 4) and any other
pending motions are denied as moot.
DATED at Denver, Colorado, this 19th day of

July

, 2013.

BY THE COURT:

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

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