Rohn v. Nestor et al

Filing 13

ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 12/4/13. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-02117-BNB
RONALD ROHN,
Plaintiff,
v.
NESTOR, et al.,
TOM NESTOR, Sheriff,
CLINT TWEDEN, Captain,
CURTIS WYNESKY, Deputy Sheriff,
CARMELA NESTOR, Deputy Sheriff, and
THERESA DIXON, Deputy Sheriff,
Defendants.

ORDER OF DISMISSAL

On September 17, 2013, Magistrate Judge Boyd N. Boland entered an order
directing Plaintiff, Ronald Rohn, to file a second amended complaint that clarifies who
he is suing and that provides specific factual allegations in support of the claims he is
asserting in this action. Mr. Rohn was warned that the action would be dismissed
without further notice if he failed to file a second amended complaint within thirty days.
On October 9, 2013, Magistrate Judge Boland entered a minute order granting Mr.
Rohn an extension of time until November 18, 2013, to file a second amended
complaint.
Mr. Rohn has failed to file a second 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 $505
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 (ECF No. 1), the amended complaint (ECF No. 5),
and the action are dismissed without prejudice pursuant to Rule 41(b) of the Federal
Rules of Civil Procedure because Mr. Rohn 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 4th day of

December

, 2013.

BY THE COURT:

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

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