Pinson v. Berkebile

Filing 7

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 9/17/13. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-01953-BNB
JEREMY PINSON,
Applicant,
v.
DAVID BERKEBILE
Respondent.

ORDER OF DISMISSAL

Applicant, Jeremy Pinson, is in the custody of the United States Bureau of
Prisons and currently is incarcerated at the United States Penitentiary in Florence,
Colorado. On July 22, 2013, Mr. Pinson, acting pro se, filed an Application for a Writ of
Habeas Corpus Pursuant to 28 U.S.C. § 2241. Upon review of the Application,
Magistrate Judge Craig B. Shaffer entered an order, on July 30, 2013, directing
Applicant to file an Amended Application. Applicant specifically was instructed that Rule
4 of the Rules Governing Section 2254 Cases in the United States District Courts
requires he go beyond notice pleading, see Blackledge v. Allison, 431 U.S. 63, 75 n.7
(1977), and that naked allegations of constitutional violations devoid of factual support
are not cognizable in a federal habeas action, see Ruark v. Gunter, 958 F.2d 318, 319
(10th Cir. 1992) (per curiam). Applicant further was instructed that he must identify the
incident report number for each disciplinary action that he is challenging and state how
his rights were violated in each associated disciplinary proceeding.

Upon review of the Application, the Court finds that Magistrate Judge Shaffer
correctly determined that Applicant should amend the Application. Applicant now has
failed to communicate with the Court, and as a result he has failed to comply with
Magistrate Judge Shaffer’s July 30, 2013 Order within the time allowed. Therefore, 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 Applicant 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 Application is denied and the action is dismissed without
prejudice pursuant to Fed. R. Civ. P. 41(b) for failure to file an Amended Application 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

17th day of

September

, 2013.

BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court

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