Griffith v. Tessier et al

Filing 11

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 7/22/13. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-01381-BNB
DARLENE GRIFFITH,
Plaintiff,
v.
DAVID TESSIER, H.S.A.,
JOY HART, M. H. Supervisor,
GARY MORGAN, Clinician for M. H.,
JAN SYLVIA, Clinician for M. H.,
DANIEL PLAGGE, Clinician for M. H.,
DOUG ROBERTS, P.P.M.U. ,
JOHN DOE, P.P.M.U. at K.C.C.F.,
HOPE C. BEATHE, Ph.D.,
JAMES MICHAUD, Ph.D.,
PAUL FRANTZ, M.D.,
TIMOTHY CREANY, Cheif [sic] Medical Officer,
DAVID REPART, Lt.,
SALVAGE, Captin [sic], and
FRED GIFFORD, Associate Warden,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Darlene Griffith, is a prisoner in the custody of the Colorado Department
of Corrections who currently is incarcerated at the Colorado Territorial Correctional
Facility. He submitted pro se two different Prisoner Complaints (ECF Nos. 1 and 3) and
a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915
(ECF No. 4). He was granted leave to proceed pursuant to 28 U.S.C. § 1915.
On June 3, 2013, Magistrate Judge Boyd N. Boland ordered Mr. Griffith to file
within thirty days on the Court-approved form an amended Prisoner Complaint that

complied with the pleading requirements of Rule 8 of the Federal Rules of Civil
Procedure and the Local Rules of Practice for this Court and alleged the personal
participation of each named Defendant in the asserted constitutional violations.
Magistrate Judge Boland warned Mr. Griffith that if he failed to comply with the June 3
order within the time allowed, the Prisoner Complaints and the action would be
dismissed without further notice.
Mr. Griffith has failed to file an amended Prisoner Complaint as directed in the
June 3 order, or otherwise communicate with the Court in any way within the time
allowed. Therefore, the Prisoner Complaints and the action will be dismissed for Mr.
Griffith’s failure to file an amended Prisoner Complaint as directed within the time
allowed, and for his 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 Mr. Griffith files a notice of appeal he 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 Prisoner Complaints (ECF Nos. 1 and 3) and the action are
dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil
Procedure for the failure of Plaintiff, Darlene Griffith, within the time allowed, to file an
amended Prisoner Complaint as directed in the order of June 3, 2013 (ECF No. 6), and
for his failure to prosecute. It is
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FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied. It is
FURTHER ORDERED that any pending motions are denied as moot.
DATED at Denver, Colorado, this 22nd day of

July , 2013.

BY THE COURT:

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

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