Robinson v. USA

Filing 5

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-01195-BNB
KARL A. ROBINSON,
Petitioner,
v.
THE UNITED STATES OF AMERICA,
Respondent.

ORDER OF DISMISSAL

Petitioner, Karl A. Robinson, is a prisoner in the custody of the United States
Bureau of Prisons at the Federal Correctional Institution at Englewood, Colorado. Mr.
Robinson initiated this action by filing pro se a Petition for Relief Pursuant to the Federal
Tort Claims Act (ECF No. 1). On May 7, 2013, Magistrate Judge Boyd N. Boland
entered an order directing Mr. Robinson to cure certain deficiencies if he wished to
pursue his claims in this action. Specifically, Magistrate Judge Boland directed Mr.
Robinson 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. Mr. Robinson was warned that the action would be dismissed without
further notice if he failed to cure the deficiencies within thirty days.
On June 5, 2013, Mr. Robinson filed a Prisoner’s Motion and Affidavit for Leave
to Proceed Pursuant to 28 U.S.C. § 1915 (ECF No. 4). However, he has failed to cure
all of the deficiencies within the time allowed because he has not filed a Prisoner
Complaint as directed. Therefore, the action will be dismissed without prejudice for

failure to cure all of 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 Petitioner 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 Petition for Relief Pursuant to the Federal Tort Claims Act
(ECF No. 1) is denied and the action is dismissed without prejudice pursuant to Rule
41(b) of the Federal Rules of Civil Procedure because Mr. Robinson failed to cure all of
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. It is
FURTHER ORDERED that the Prisoner’s Motion and Affidavit for Leave to
Proceed Pursuant to 28 U.S.C. § 1915 (ECF No. 4) is denied as moot.
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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