Pinson v. Berkebile

Filing 4

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 12/23/13. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-03050-BNB
JEREMY PINSON,
Applicant,
v.
DAVID BERKEBILE,
Respondent.

ORDER OF DISMISSAL

Applicant, Jeremy Pinson, is in the custody of the United States Bureau of
Prisons and currently is incarcerated at ADX in Florence, Colorado. Applicant, acting
pro se, initiated this action by filing an Application for a Writ of Habeas Corpus Pursuant
to 28 U.S.C. § 2241, ECF No. 1. On November 8, 2013, Magistrate Judge Boyd N.
Boland entered an order and directed Applicant to cure certain deficiencies in the
pleading. Specifically, Magistrate Judge Boland directed Applicant either to pay the
$5.00 filing fee or in the alternative to submit a request to proceed pursuant to 28 U.S.C.
§ 1915 on a proper form along with a certified account statement showing the current
balance in his trust fund account.
Magistrate Judge Boland warned Applicant that the action would be dismissed
without further notice if he failed to cure the deficiencies within thirty days. Because
Applicant has failed to comply with the November 8, 2013 Order within the time allowed
the action will be dismissed.
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 Applicant
files a notice of appeal he must also pay the full $505.00 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 Application is denied and the action is 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.
DATED at Denver, Colorado, this 23rd day of

December

, 2013.

BY THE COURT:

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

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