Aceves v. Colorado State Penitentiary et al

Filing 13

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 1/16/14. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-03120-BNB
ISAAC ROGER ACEVES (“SOLOMON”),
Plaintiff,
v.
THE COLORADO DEPARTMENT OF CORRECTIONS, and
COLORADO STATE PENITENTIARY,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Isaac Roger Aceves, is in the custody of the Colorado Department of
Corrections and is incarcerated at the Colorado State Penitentiary. He initiated this
action by filing a Prisoner Complaint. Mr. Aceves has been granted leave to proceed
pursuant to 28 U.S.C. § 1915 with payment of an initial partial filing fee.
On December 2, 2013, Magistrate Judge Boyd N. Boland reviewed the Prisoner
Complaint and determined that it was deficient because it failed to comply with the
pleading requirements of Rule 8 of the Federal Rules of Civil Procedure. Magistrate
Judge Boland ordered Mr. Aceves to file an Amended Complaint on the court-approved
Prisoner Complaint form within thirty (30) days of the December 2, 2013 Order.
Magistrate Judge Boland warned Plaintiff in the December 2 Order that failure to file an
Amended Complaint would result in dismissal of the action without further notice.
On December 6, 2013, Mr. Aceves filed a document that he described as his
“Amended Complaint.” (ECF No. 10). However, because the document was submitted

in a letter form instead of on the court-approved Prisoner Complaint form, Magistrate
Judge Boland issued a minute order on December 9, 2012 striking the “Amended
Complaint.” (ECF No. 11). In the December 9 minute order, Magistrate Judge Boland
granted Mr. Aceves an additional thirty (30) days to file his Amended Complaint on the
court-approved form as directed in the December 2 Order. Again, Plaintiff was warned
that failure to comply with court orders would result in dismissal of the action without
further notice.
Mr. Aceves filed a letter with the Court on December 30, 2013 (ECF No. 12) that
is generally unintelligible but that appears to criticize the court’s orders. Plaintiff has not
filed an Amended Complaint on the court-approved form by the court-ordered deadline.
Accordingly, it is
ORDERED that this action is DISMISSED without prejudice pursuant to Rule
41(b) of the Federal Rules of Civil Procedure for the failure of Plaintiff, Isaac Roger
Aceves, to comply with the December 2, 2013 Order Directing Plaintiff to File an
Amended Complaint on the court-approved form and the December 9, 2013 Minute
Order extending the deadline for filing. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied for the purpose of appeal. 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. See

Coppedge v. United States, 369 U.S. 438 (1962). If Mr. Aceves 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.
DATED at Denver, Colorado, this 16th day of

January

, 2014.

BY THE COURT:

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