Lewis v. A-1 Bail Bonding et al

Filing 5

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 11/13/13. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-02677-BNB
ROBERT E. LEWIS JR.,
Plaintiff,
v.
A-1 BAIL BONDING,
SHERDINA LEWIS,
NICKOL PETERSON, 8-3-91,
A-1 BOUNTY HUNTERS, and
LISA H, In Lakewood,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Robert E. Lewis Jr., currently is detained at the Denver County Jail in
Denver, Colorado. Mr. Lewis, acting pro se, initiated this action by filing a Prisoner
Complaint pursuant to 42 U.S.C. § 1983. On October 2, 2013, Magistrate Judge Boyd
N. Boland directed Mr. Lewis to cure certain deficiencies in his Complaint. Specifically,
Magistrate Judge Boland directed Mr. Lewis to submit his request to proceed pursuant
to 28 U.S.C. § 1915 on a proper Court-approved form and to provide a certified account
statement for the six months immediately preceding the filing of this action.
Magistrate Judge Boland warned Mr. Lewis that the action would be dismissed
without further notice if he failed to cure the deficiencies within thirty days. Mr. Lewis
now has failed to submit a request to proceed pursuant to § 1915 on a current Courtapproved 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. Lewis
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 13th day of

November

BY THE COURT:

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

2

, 2013.