Main v. Timme

Filing 9

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 8/1/13. No certificate of appealability will issue. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-01463-BNB
ROY J. MAIN,
Applicant,
v.
WARDEN RAE TIMME,
Respondent.

ORDER OF DISMISSAL

On June 26, 2013, Magistrate Judge Boyd N. Boland entered an order directing
Applicant, Roy J. Main, to file a second amended application that clarifies the habeas
corpus claim he is asserting in this action. Mr. Main was warned that the action would
be dismissed without further notice if he failed to file a second amended application
within thirty days.
Mr. Main has failed to file a second amended application within the time allowed
and he has failed to respond in any way to Magistrate Judge Boland’s June 26 order.
Therefore, the action will be dismissed without prejudice for failure to comply with a
court order.
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 Applicant 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 habeas corpus application (ECF No. 1) and the amended
application (ECF No. 6) are denied and the action is dismissed without prejudice
pursuant to Rule 41(b) of the Federal Rules of Civil Procedure because Mr. Main failed
to comply with a court order. It is
FURTHER ORDERED that no certificate of appealability will issue because
Applicant has not made a substantial showing of the denial of a constitutional right. 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 1st day of

August , 2013.

BY THE COURT:

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

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