Nelson v. Triumph Motorcycles USA et al
ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 2/20/14. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-03027-BNB
LEE R. NELSON,
TRIUMPH MOTORCYCLES USA, and
ORDER OF DISMISSAL
Plaintiff, Lee R. Nelson, initiated this action by filing pro se a Complaint that was
not signed and did not include a clear statement of jurisdictional authority or the claims
being asserted. On December 6, 2013, in response to an order directing him to cure
these deficiencies, Mr. Nelson submitted two documents (ECF Nos. 5 & 6) docketed as
supplements/amendments to the Complaint that consist of the signature page from the
Court-approved Complaint form, a supplemental civil cover sheet, a number of claims
for relief, and various exhibits.
On December 11, 2013, Magistrate Judge Boyd N. Boland entered an order
directing Mr. Nelson to file an amended complaint using the entire Court-approved
Complaint form that complies with the pleading requirements of Rule 8 of the Federal
Rules of Civil Procedure. Mr. Nelson was warned that the action would be dismissed
without further notice if he failed to file an amended complaint within thirty days. On
January 8, 2014, Magistrate Judge Boland entered a minute order granting Mr. Nelson
an extension of time until February 10, 2014, to file an amended complaint as directed.
Mr. Nelson has failed to file an 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 and the action are dismissed without prejudice
pursuant to Rule 41(b) of the Federal Rules of Civil Procedure because Mr. Nelson
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 20th day of
February , 2014.
BY THE COURT:
s/ Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court
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