Coplen v. Osagie et al

Filing 13

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 7/31/13. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-01429-BNB
SCOTT ALEX COPLEN,
Plaintiff,
v.
ANTHONY OSAGIE,
DAVID ALLRED,
C. DANIELS,
D. BERKEBILE,
LISA GREGORY,
PAUL HARVEY,
(FNU) NEHLS,
PAUL LAIRD,
(FNU) MCDERMOTT, and
FEDERAL BUREAU OF PRISONS,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Scott Alex Coplen, is a prisoner in the custody of the Federal Bureau of
Prisons who currently is incarcerated at the United States Penitentiary, Administrative
Maximum, in Florence, Colorado. He submitted pro se a Prisoner Complaint (ECF No.
1) pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403
U.S. 388 (1971), for money damages and injunctive relief. He has been granted leave
to proceed pursuant to 28 U.S.C. § 1915.
On June 24, 2013, Magistrate Judge Boyd N. Boland entered an order (ECF No.
9) directing Mr. Coplen to file within thirty days on the Court-approved form an amended
Prisoner Complaint that sued the proper parties, 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. Coplen
that if he failed to comply with the June 24 order within the time allowed, the Prisoner
Complaint and the action would be dismissed without further notice. On July 1, 2013,
the Court entered a minute order (ECF No. 12) denying as unnecessary Mr. Coplen’s
motion (ECF No. 11) filed on June 28, 2013, requesting an extension of time to file
another affidavit and certified account statement because he already was granted leave
to proceed pursuant to § 1915 and denying his request (ECF No. 11) also filed on June
28 for a free copy of the docket sheet in this action.
Mr. Coplen has failed to file an amended Prisoner Complaint as directed in the
June 24 order, or otherwise communicate with the Court in any way within the time
allowed concerning the June 24 order. Therefore, the Prisoner Complaint and the
action will be dismissed for Mr. Coplen’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. Coplen 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 Complaint (ECF No. 1) and the action are
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dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil
Procedure for the failure of Plaintiff, Scott Coplen, to file within the time allowed an
amended Prisoner Complaint as directed in the order of June 24, 2013 (ECF No. 9),
and for his failure to prosecute. It is
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 31st day of

July , 2013.

BY THE COURT:

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

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