Vianez v. Barkebile
ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 9/12/13. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-02038-BNB
D, BARKEBILE, Warden,
ORDER OF DISMISSAL
Plaintiff, Juan Vianez, is in the custody of the United States Bureau of Prisons
and currently is incarcerated at ADX in Florence, Colorado. Mr. Vianez, acting pro se,
initiated this action by filing a Civil Rights Complaint.
In an order entered on August 4, 2013, Magistrate Judge Boyd N. Boland
directed the Clerk of the Court to commence a civil action and instructed Mr. Vianez to
cure certain deficiencies in his Complaint. Specifically, Magistrate Judge Boland
directed Mr. Vianez to submit all of his claims on one Court-approved form used in filing
prisoner complaints and to provide the addresses for all named defendants in “Section
A.” of the complaint form. Mr. Vianez also was directed to submit a request to proceed
pursuant to 28 U.S.C. § 1915 on a current Court-approved form and provide a certified
copy of his trust fund account statement for the six months immediately preceding the
filing of this action.
Magistrate Judge Boland warned Mr. Vianez that the action would be dismissed
without further notice if he failed to cure the deficiencies within thirty days. Rather than
cure the deficiencies, Mr. Vianez submitted five pleadings that are unresponsive to the
August 4, 2013 Order to Cure.
Mr. Vianez now has failed to submit all of his claims on a Prisoner Complaint
form, a request to proceed pursuant to § 1915 on a current Court-approved form, and a
certified account statement for the six months immediately preceding the filing of this
action. Therefore, the action will be dismissed without prejudice for failure to cure the
deficiencies within the time allowed.
The Court 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 is denied for the
purpose of appeal. See Coppedge v. United States, 369 U.S. 438 (1962). If Mr. Vianez
files a notice of appeal he must also pay the full $455.00 appellate filing fee or file a
motion to proceed in forma pauperis in the Tenth Circuit within thirty days in accordance
with Fed. R. App. P. 24. Accordingly, it is
ORDERED that the Complaint and action are dismissed without prejudice
pursuant to Fed. R. Civ. P. 41(b) for failure to cure the deficiencies and for failure to
prosecute. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied. It is
FURTHER ORDERED that all pending motions are denied as moot.
DATED at Denver, Colorado, this 12th day of
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Judge
United States District Court
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