Warner v. Ed Bozarth Chevrolet

Filing 5

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 6/10/13. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-01211-BNB
MICHELLE WARNER,
Plaintiff,
v.
ED BOZARTH CHEVROLET,
Defendant.

ORDER OF DISMISSAL

Plaintiff, Michelle Warner, currently resides in Lakewood, Colorado. Ms. Warner,
acting pro se, initiated this action by submitting to the Court a Title VII Complaint and a
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915. On May 8,
2013, Magistrate Judge Boyd N. Boland directed Ms. Warner to cure certain
deficiencies if she wished to pursue her claims. Specifically, Magistrate Judge Boland
ordered Ms. Warner to sign and properly notarize the § 1915 Motion and Affidavit.
Magistrate Judge Boland further ordered Ms. Warner to provide complete financial
information in the § 1915 Motion and a statement of claims and supporting factual
allegations in the Complaint. Ms. Warner was warned that the action would be
dismissed without further notice if she failed to cure the deficiencies within thirty days.
The Court has reviewed the forms Ms. Warner submitted. The Court agrees that
Ms. Warner has failed to provide the required information. Ms. Warner has failed to
comply with the May 8, 2013 Order, and the Court will dismiss the action.

Finally, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal
from this Order is not 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. Warner files a notice of appeal she 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 Fed. R. Civ.
P. 41(b) for failure to cure the deficiencies within the time allowed. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied.
DATED at Denver, Colorado, this 10th day of

June

BY THE COURT:

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

2

, 2013.