Jo v. Six Unknown Names Agents
ORDER OF DISMISSAL, by Judge Lewis T. Babcock on 2/10/2014. (trlee, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-00009-BNB
YOUNG YIL JO,
SIX UNKNOWN NAMED AGENTS, and
BARAK OBAMA, Mr. President of the United States,
ORDER OF DISMISSAL
Plaintiff, Young Yil Jo, is in the custody of the Alabama-Etowah County Jail in
Gadsden, Alabama. Plaintiff initiated this action pro se by filing a civil rights action
under 42 U.S.C. § 1983. In an order entered on January 2, 2014, Magistrate Judge
Boyd N. Boland directed Plaintiff to file his claims on a Court-approved form used in
filing prisoner complaints. Magistrate Judge Boland also directed Plaintiff either to pay
the filing fee in full or to submit a Prisoner’s Motion and Affidavit for Leave to Proceed
Pursuant to 28 U.S.C. § 1915.
Magistrate Judge Boland warned Plaintiff that the action would be dismissed
without further notice if he failed to cure the deficiencies within thirty days. Plaintiff now
has failed to comply with the January 2, 2014 Order within the time allowed, and the
action will be dismissed.
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 will be
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 pay the full $455 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.
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 all deficiencies and for failure to
prosecute. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
DATED at Denver, Colorado, this
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court
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