Collins-McIntyre v. No Named Defendant

Filing 4

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 1/23/14. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-03338-BNB
OSCAR JUNIOR COLLINS-MCINTYRE,
Plaintiff,
v.
[NO NAMED DEFENDANT]
Defendant.

ORDER OF DISMISSAL

On December 11, 2013, Plaintiff, Oscar Junior Collins-McIntyre, an inmate at the
Arapahoe County Detention Facility in Centennial, Colorado, submitted pro se a letter to
the Court complaining about his conditions of confinement.
On December 12, 2013, Magistrate Judge Boyd N. Boland entered an order
directing Plaintiff to cure certain deficiencies within thirty days if he wished to pursue his
claims in this Court. Plaintiff was instructed to submit on the court-approved forms, a
Prisoner Complaint and Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant
to 28 U.S.C. § 1915, or alternatively to pay the $350.00 filing fee in full in advance.
Plaintiff was warned that the action would be dismissed without further notice if he failed
to cure the deficiencies within thirty days.
Plaintiff did not file any complaint or § 1915 motion and affidavit and has failed to
communicate with the Court in any way since his letter on December 11, 2013. As a
result, Plaintiff has failed to cure the deficiencies within the time allowed. The Court,
therefore, will dismiss the action for failure to cure and for failure to prosecute.
The Court also 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
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 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 cure the deficiencies and for failure to
prosecute. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied. It is
FURTHER ORDERED that all pending motions are denied as moot.
DATED at Denver, Colorado, this 23rd day of

January

, 2014.

BY THE COURT:

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

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