Harris v. No Defendants Named
Filing
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ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 6/14/13. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-01227-BNB
ANTONIO HARRIS,
Plaintiff,
v.
[NO DEFENDANTS NAMED],
Defendants.
ORDER OF DISMISSAL
Plaintiff, Antonio Harris, is a prisoner in the custody of the United States Bureau
of Prisons at the United States Penitentiary in Florence, Colorado. Mr. Harris initiated
this action by filing pro se a letter to the Court (ECF No. 1) inquiring about appointment
of counsel to assist him with issues regarding his prison classification and placement.
On May 9, 2013, Magistrate Judge Boyd N. Boland entered an order directing Mr. Harris
to cure certain deficiencies if he wished to pursue any claims in this action. Specifically,
Magistrate Judge Boland directed Mr. Harris 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. Harris was warned that
the action would be dismissed without further notice if he failed to cure the deficiencies
within thirty days.
Mr. Harris has failed to cure the deficiencies within the time allowed and he has
failed to respond in any way to Magistrate Judge Boland’s May 9 order. 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 Mr. Harris 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
14th day of
June
, 2013.
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court
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