Young v. Kuta et al

Filing 5

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 7/9/13. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-01382-BNB
TIMOTHY DOYLE YOUNG,
Plaintiff,
v.
A. W. KUTA,
KENNETH CRANK, and
COUNSELOR FOSTER,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Timothy Doyle Young, is in the custody of the United States Bureau of
Prisons and currently is incarcerated at ADX in Florence, Colorado. Plaintiff, acting pro
se, initiated this action by submitting a pleading titled, “Civil Complaint.” In an order
entered on May 29, 2013, Magistrate Judge Boyd N. Boland directed Plaintiff, as he has
done on numerous prior occasions, to file his claims on a Court-approved form used in
filing prisoner complaints and to submit a Prisoner’s Motion and Affidavit for Leave to
Proceed Pursuant to 28 U.S.C. § 1915. Magistrate Judge Boland also directed Plaintiff
to submit a certified account statement or specifically state that he has requested an
account statement but was denied the request.
Magistrate Judge Boland warned Plaintiff that the action would be dismissed
without further notice if he failed to cure the deficiencies within thirty days. On June 5,
2013, rather than comply with the May 29 Order, Plaintiff filed a pleading similar to the
one he filed to initiate the action. The pleading was not on a Court-approved form.

Plaintiff also failed to submit a request to proceed pursuant to § 1915 and a certified
account statement or documentation that he submitted a request for an account
statement but was denied. Plaintiff, therefore, now has failed to comply with the May 29
Order within the time allowed, and the action will be dismissed.
The Court also 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 Plaintiff files a notice of appeal he 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 Complaint and action are dismissed without prejudice
pursuant to Fed. R. Civ. P. 41(b) for failure to cure deficiencies and for failure to
prosecute. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied.
DATED at Denver, Colorado, this 9th day of

July

, 2013.

BY THE COURT:

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

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