DeVan v. Aegis Business Services

Filing 5

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 7/26/13. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-01569-BNB
DEBBIE E. DEVAN,
Plaintiff,
v.
AEGIS BUSINESS SERVICE,
Defendant.

ORDER OF DISMISSAL

Plaintiff, Debbie E. DeVan, who resides in Aurora, Colorado, initiated this action
on June 14, 2013, by filing pro se a Title VII Complaint and a Motion and Affidavit for
Leave to Proceed Pursuant to 28 U.S.C. § 1915.
In a June 18, 2013 Order, the Court denied Ms. DeVan leave to proceed in forma
pauperis under 28 U.S.C. § 1915 because the affidavit in support of her § 1915 Motion
showed that Ms. DeVan and her husband have a combined monthly income of
$6,236.00, with monthly expenses totaling $5,300.00. As such, the Court concluded
that Ms. DeVan had the financial means to pay the $350.00 filing fee required pursuant
to 28 U.S.C. § 1914, plus the $50.00 administrative fee required by the District Court fee
schedule. The Court ordered Ms. DeVan to pay the $400.00 fee within thirty (30) days
of the June 18 Order. The Court warned Ms. DeVan that failure to comply with the June
18 Order would result in dismissal of the action without further notice.
Ms. DeVan has now failed to pay the $400.00 fee required to prosecute her civil
action. Furthermore, she has not communicated with the Court since June 14, 2013.

Accordingly, this action will be dismissed.
Finally, 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 she must also 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 this action are dismissed without prejudice for
the failure of Plaintiff, Debbie E. DeVan, to comply with the Court’s June 18, 2013 Order
to pay the $400.00 fee ($350.00 filing fee plus a $50.00 administrative fee) and for
failure to prosecute. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied. Ms. DeVan may file a motion in the Tenth Circuit Court of Appeals.
DATED at Denver, Colorado, this 26th day of

July , 2013.

BY THE COURT:

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

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