Killock v. Greeley Police Dept et al

Filing 11

ORDER OF DISMISSAL. By Judge Lewis T. Babcock on 1/27/2014. (trlee, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-02954-BNB

NICOLE D. KILLOCK,
Plaintiff
v.
GEO CORRECTIONS HUDSON CORRECTIONAL FACILITY,
JOE DRIVER, Warden,
WILLIAMS, Assistant Warden,
TERRY ANDING, Investigator,
CORY FOX, Special Investigator,
COLORADO DEPARTMENT OF CORRECTIONS,
PRIVATE PRISONS MONITORING UNIT, and
JOSEPH SCHMIDT, Alaska Department of Corrections, Commissioner,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Nicole D. Killock, currently is incarcerated at the Las Vista Correctional
Facility in Pueblo, Colorado. Plaintiff initiated this action by filing pro se a Prisoner
Complaint and was granted leave to proceed pursuant to 28 U.S.C. § 1915. After
review of the Complaint, Magistrate Judge Boyd N. Boland determined that Plaintiff
failed to assert personal participation by properly named defendants and to present her
claims in keeping with Nasious v. Two Unknown B.I.C.E. Agents, 492 F.3d 1158, 1163
(10th Cir. 2007). Magistrate Judge Boland directed Plaintiff to file an Amended
Complaint. Plaintiff was given thirty days to file the Amended Complaint. Plaintiff now
has failed to communicate with the Court and as a result has failed to file the Amended
Complaint within the time allowed.

The Court finds that Magistrate Judge Boland correctly instructed Plaintiff to
amend and assert personal participation and to comply with Nasious. The action will be
dismissed because Plaintiff has failed to file an Amended Complaint within the time
allowed.
Finally, 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 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 must also 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 action are dismissed without prejudice
pursuant to Fed. R. Civ. P. 41(b) for failure to file an Amended Complaint and for failure
to prosecute. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied.
DATED at Denver, Colorado, this 27th day of

January

, 2014.

BY THE COURT:

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

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