Warren v. Travis County Texas
ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 1/9/14. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-02230-BNB
TRAVIS COUNTY, Texas, and
COURT OF CRIMINAL APPEALS OF TEXAS,
ORDER OF DISMISSAL
On September 26, 2013, the Court denied Plaintiff leave to proceed in forma
pauperis pursuant to 28 U.S.C. § 1915 in this action because he is subject to the filing
restriction in § 1915(g). The Court also ordered Plaintiff to pay the full amount of
$400.00 ($350.00 filing fee, plus a $50.00 administrative fee) within thirty days if he
wishes to pursue his claims in this action. The Court warned Plaintiff that the action
would be dismissed without further notice if he failed to pay the full amount of $400.00
within thirty days.
On December 16, 2013, Plaintiff’s appeal from the order denying leave to
proceed in forma pauperis was dismissed, and the mandate was issued. Also on
December 16, 2013, Plaintiff was directed by minute order to pay the full amount of
$400.00 on or before December 30, 2013, and he again was advised that the action
would be dismissed without further notice if he failed to pay the full amount of $400.00.
Plaintiff has failed within the time allowed to pay the filing and administrative fees
as directed and he has failed to respond in any way to the December 16 minute order.
Therefore, the action will be dismissed for failure to pay the required filing and
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 and the action are dismissed without prejudice
pursuant to Rule 41(b) of the Federal Rules of Civil Procedure because Plaintiff failed to
pay the required filing and administrative fees as directed. 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. It is
FURTHER ORDERED that all pending motions are denied as moot.
DATED at Denver, Colorado, this 9th day of
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court
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