Coyle v. Holubek et al

Filing 9

ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 3/21/14. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-00033-BNB
WILLIAM A. COYLE,
Plaintiff,
v.
TIFFANY HOLUBEK, and
JANE DOE (OTHER DEFENDANTS),
Defendants.

ORDER OF DISMISSAL

Plaintiff, William A. Coyle, initiated this action by filing pro se a Prisoner
Complaint (ECF No. 1) and Prisoner’s Motion and Affidavit for Leave to Proceed
Pursuant to 28 U.S.C. § 1915 (ECF No. 3). Mr. Coyle has been granted leave to
proceed in forma pauperis.
On February 6, 2014, Magistrate Judge Boyd N. Boland entered an order
directing Mr. Coyle to file an amended complaint that clarifies the retaliation and access
to the courts claims by providing specific factual allegations showing that he is entitled
to relief. Mr. Coyle was warned that the action would be dismissed without further
notice if he failed to file an amended complaint within thirty days.
Mr. Coyle has failed to file an amended complaint within the time allowed and he
has failed to respond in any way to Magistrate Judge Boland’s February 6 order.
Therefore, the action will be dismissed without prejudice for failure to comply with a
court order.

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 Plaintiff 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 Prisoner Complaint (ECF No. 1) and the action are
dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil
Procedure because Plaintiff has failed to comply with a court order. 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

21st day of

March

, 2014.

BY THE COURT:

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

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