Nicholas v. Gossett et al

Filing 31

USCA ORDER re: 26 USCA PETITION for Mandamus by Plaintiff. Accordingly, we deny the petition for a writ of mandamus as moot. Also, we deny Mr. Nicholas' requests for leave to proceed in forma pauperis and for appointment of counsel. [USCA Case No. 14-1227]. (dbrow, )

Appellate Case: 14-1227

Document: 01019283323

Date Filed: 07/22/2014

Page: 1
FILED
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

July 22, 2014
Elisabeth A. Shumaker
Clerk of Court

In re:
CLIFFORD DENNIS NICHOLAS,

No. 14-1227
(D.C. No. 1:13-CV-03497-BNB)
(D. Colo.)

Petitioner.

ORDER

Before KELLY, LUCERO, and McHUGH, Circuit Judges.
Clifford Dennis Nicholas, a Colorado state prisoner proceeding pro se,
petitions for a writ of mandamus directing the district court to consider the merits of
his complaint in district court case No. 13-CV-03497-BNB. We deny mandamus
relief as moot.
After Mr. Nicholas filed his complaint in district court, the magistrate judge
directed him to cure deficiencies in the complaint. Mr. Nicholas filed another
complaint. On April 10, 2014, the magistrate judge ordered him to file an amended
complaint within thirty days that complied with Federal Rule of Civil Procedure 8
and that alleged the personal participation of each named defendant. Although
Mr. Nicholas asked for and received an extension of time to file an amended
complaint, he did not do so. Instead, on June 9, he filed a petition for writ of
mandamus with this court, asking that the district court be required to apply liberal

Appellate Case: 14-1227

Document: 01019283323

Date Filed: 07/22/2014

Page: 2

pleading standards and rule on his pending complaint.1 On June 20, the district court
dismissed the complaint without prejudice, deciding that Mr. Nicholas had failed to
comply with Rule 8 and the magistrate judge’s April 10 order.
At this point, the district court case is closed. Because it is closed, the request
for mandamus relief is moot.
Accordingly, we deny the petition for a writ of mandamus as moot. Also, we
deny Mr. Nicholas’ requests for leave to proceed in forma pauperis and for
appointment of counsel.
Entered for the Court

ELISABETH A. SHUMAKER, Clerk

1

Upon receipt of the petition for writ of mandamus, the Tenth Circuit clerk’s
office notified Mr. Nicholas that his petition would not be considered until he paid
the docket fee or submitted an application to proceed without prepayment of fees or
costs. On July 14, 2014, he filed the proper application, along with a document
entitled “Mandamus/Apology/Address Merits of Complaint and Explanation.” He
filed the identical document again on July 21.
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