Williams v. No Named Defendant

Filing 4

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 11/20/13. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-02756-BNB
SIRRLOVE WILLIAMS,
Plaintiff,
v.
[NO NAMED DEFENDANT],
Defendant.

ORDER OF DISMISSAL

Plaintiff, Sirrlove Williams, is incarcerated at the Cheyenne Mountain Re-Entry
Center in Colorado Springs, Colorado. He submitted pro se a letter (ECF No. 1)
complaining about the conditions of his confinement at the Arapahoe County Jail. The
Court reviewed the letter and determined it was deficient. Therefore, on October 10,
2013, Magistrate Judge Boyd N. Boland entered an order (ECF No. 3) directing Mr.
Williams to cure certain enumerated deficiencies in the case within thirty days if he
wished to pursue his claims.
The October 10 order pointed out that Mr. Williams failed to submit either the
$400.00 filing fee or a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to
28 U.S.C. § 1915 on the proper, Court-approved form (revised October 1, 2012),
together with a certified copy of his trust fund account statement for the six-month
period immediately preceding this filing. The October 10 order also pointed out that Mr.
Williams failed to submit a Prisoner Complaint on the proper, Court-approved form. The

order directed him to obtain, with the assistance of his case manager or the facility’s
legal assistant, the Court-approved forms for filing a Prisoner’s Motion and Affidavit for
Leave to Proceed Pursuant to 28 U.S.C. § 1915 and a Prisoner Complaint. The
October 10 order warned Mr. Williams that if he failed to cure the designated
deficiencies within thirty days, the action would be dismissed without prejudice and
without further notice.
Mr. Williams has failed to cure the designated deficiencies within the time allowed
or otherwise to communicate with the Court in any way. Therefore, the action will be
dismissed without prejudice for Mr. Williams’ failure to cure the designated deficiencies
as directed within the time allowed and for his failure to prosecute.
Finally, the Court certifies pursuant to § 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 Mr. Williams files a notice of appeal he also must pay the full $455.00
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 action is dismissed without prejudice pursuant to Rule 41(b)
of the Federal Rules of Civil Procedure for the failure of Plaintiff, Sirrlove Williams, to
cure the deficiencies designated in the order to cure of October 10, 2013, within the
time allowed and for his failure to prosecute. It is

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FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied. It is
FURTHER ORDERED that any pending motions are denied as moot.
DATED at Denver, Colorado, this

20th day of

November

, 2013.

BY THE COURT:

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

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