Jeffries v. Holder Jr. et al

Filing 4

ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 2/13/14. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-00025-BNB
VERNELL A. JEFFRIES,
Petitioner,
v.
ERIC HOLDER, JR., U.S. Attorney General,
DAVID BERKEBILE, Warden,
D. ALLRED, Clinical Director,
A. OSANGIE, Health Care Provider (PA), and
CORDOVA, Health Services Administrator,
Respondents.

ORDER OF DISMISSAL

Petitioner, Vernell A. Jeffries, is a prisoner in the custody of the Federal Bureau
of Prisons at the United States Penitentiary, Administrative Maximum, in Florence,
Colorado. Mr. Jeffries initiated this action by filing pro se a pleading (ECF No. 1)
claiming that his rights have been violated. On January 6, 2014, Magistrate Judge Boyd
N. Boland entered an order directing Mr. Jeffries to cure certain deficiencies if he
wished to pursue any claims in this action. Specifically, Magistrate Judge Boland
directed Mr. Jeffries to file a complaint on the proper form and either to pay filing and
administrative fees totaling $400.00 or to file a properly supported motion seeking leave
to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Mr. Jeffries was warned
that the action would be dismissed without further notice if he failed to cure the
deficiencies within thirty days.

Mr. Jeffries has failed to cure the deficiencies within the time allowed and has
failed to respond in any way to Magistrate Judge Boland’s January 6 order. Therefore,
the action will be dismissed without prejudice for failure to cure the deficiencies.
Furthermore, 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 Petitioner files a notice of appeal he also must 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. Accordingly, it is
ORDERED that the action is dismissed without prejudice pursuant to Rule 41(b)
of the Federal Rules of Civil Procedure because Mr. Jeffries failed to cure the
deficiencies as directed. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied without prejudice to the filing of a motion seeking leave to proceed in forma
pauperis on appeal in the United States Court of Appeals for the Tenth Circuit.
DATED at Denver, Colorado, this 13th day of

February

, 2014.

BY THE COURT:

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

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