Jenkins v. U.S. Government Intelligence Agents et al

Filing 18

ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 8/2/13. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-01488-BNB
BOBBY JACK JENKINS,
Plaintiff,
v.
ET AL.,
U.S. GOVERNMENT INTELLIGENCE AGENTS,
AIR FORCE – WASHINGTON D.C.,
SOCIAL SECURITY ADMINISTRATION INTELLIGENCE AGENT JEFF GRAHAM,
State of Wyoming,
THE HONORABLE MATT MEAD, Gover. of Wyoming,
HONORABLE NANCY D. FREUDENTHAL, Chief United States District Judge,
TIMOTHY W. GIST, Assistant United States Attorney,
MARK LANZMAN, Attorney,
STATE OF WYO WORKER COMPENSATION, Cheyenne Wyo – State of Wyo, and
USDA HUD – LOW INCOME HOUSING DEPT. OF THE STATE OF WYO – SAGE
APARTMENT,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Bobby Jack Jenkins, is a prisoner in the custody of the United States
Bureau of Prisons at the Federal Correctional Institution in Florence, Colorado. Mr.
Jenkins initiated this action by filing pro se a Prisoner Complaint (ECF No. 1). On June
27, 2013, Magistrate Judge Boyd N. Boland entered an order directing Mr. Jenkins to
file an amended complaint that clarifies who he is suing and that complies with the
pleading requirements of Rule 8 of the Federal Rules of Civil Procedure. Mr. Jenkins
was warned that the action would be dismissed without further notice if he failed to file
an amended complaint within thirty days.

Mr. Jenkins has failed to file an amended complaint within the time allowed.
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 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 Prisoner Complaint and the action are dismissed without
prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure because Mr.
Jenkins failed to comply with a court order. 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 2nd day of

August , 2013.

BY THE COURT:

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

2