Twitty v. Allison

Filing 3

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 11/25/13. 1 Motion to Proceed In Forma Pauperis, Brief In Support is denied. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-03189-BNB
ANDRE J. TWITTY, also known as
A. J. TWITTY, also known as
ANDRE TWITTY,
Plaintiff,
v.
JAMES ALLISON, et al.,
Defendant.

ORDER OF DISMISSAL

Applicant, Andre J. Twitty, also known as A. J. Twitty and as Andre Twitty, is a
prisoner in the custody of the United States Bureau of Prisons who currently is
incarcerated at the United States Penitentiary, Administrative Maximum, in Florence,
Colorado. On November 20, 2013, he submitted to the Court pro se a motion titled
“Motion to Proceed In Forma Paupers, Brief In Support” (ECF No. 1). For the reasons
stated below, the motion will be denied, and the action dismissed.
Mr. Twitty has been permanently enjoined from filing any new actions in this
Court without the representation of a licensed attorney admitted to practice in the United
States District Court for the District of Colorado, unless he first obtains the Court’s
permission to proceed pro se. See Twitty v. Davis, No. 10-cv-02309-ZLW, 2011 WL
6283541 (D. Colo. Oct. 27, 2010) (not published), aff’d, No. 10-1525, 2011 WL 117143
(10th Cir. Jan. 14, 2011) (not published). On March 8, 2011, the mandate was entered

in the United States Court of Appeals for the Tenth Circuit.
In order to obtain permission to proceed pro se, Mr. Twitty must take the
following steps outlined in the sanction order in No. 10-cv-02309-ZLW:
1.

File with the clerk of this Court a motion
requesting leave to file a pro se action.

2.

Include in the motion requesting leave to
file a pro se action the following
information:

A.

A list of all lawsuits currently pending or
filed previously in the District of
Colorado, including the name, number,
and citation, if applicable, of each case,
and the current status or disposition of
each case; and

B.

A statement of the legal issues to be
raised in the proposed new pleading and
whether he has raised the same issues
in other proceedings in the District of
Colorado. If so, he must cite the case
number and docket number where the
legal issues previously have been
raised.

3.

Submit the proposed new pleading to be
filed in the pro se action.

No. 10-cv-02309-ZLW at 10-11, 2011 WL 6283541 at *5. He has failed to do so.
Finally, 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 Mr. Twitty files a notice of appeal he must also 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.
2

Accordingly, it is
ORDERED that the motion titled “Motion to Proceed In Forma Pauperis, Brief In
Support” (ECF No. 1) is denied and the action dismissed without prejudice because
Applicant, Andre J. Twitty, is not represented by a licensed attorney admitted to practice
in the United States District Court for the District of Colorado, and he has failed to
comply with the steps outlined in Twitty v. Davis, No. 10-cv-02309-ZLW, 2010 WL
6283541 (D. Colo. Oct. 27, 2010) (not published), in order to obtain the Court’s
permission to proceed pro se. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied. It is
FURTHER ORDERED that any other pending motions are denied as moot.
DATED at Denver, Colorado, this

25th day of

November

BY THE COURT:

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

3

, 2013.