Lee v. No Named Defendant
ORDER that this action is DISMISSED without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for the failure of Plaintiff, Brandon Che Lee, to comply with the January 21, 2014 Order Directing Plaintiff to Cure Deficiencies. It is FURTHER ORDERED that leave to proceed in forma pauperis on appeal is denied for the purpose of appeal, by Judge Lewis T. Babcock on 3/6/2014. (evana, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-00118-BNB
BRANDON CHE LEE,
[NO DEFENDANT NAMED],
ORDER OF DISMISSAL
Plaintiff, Brandon Che Lee, is in the custody of the Federal Bureau of Prisons
and the Federal Correctional Institution in Florence, Colorado. He initiated this action
on January 2, 2014, by submitting pro se a Letter to the Court in which he complains
about the conditions of his confinement.
On January 21, 2014, Magistrate Judge Boyd N. Boland reviewed Plaintiff’s filing
and determined that it was deficient. Magistrate Judge Boland directed Plaintiff to
submit a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C.
§ 1915 and a Prisoner Complaint on the court-approved forms. Alternatively, Mr. Lee
was directed to pay the $400 filing fee. Magistrate Judge Boland warned Plaintiff in the
January 21 Order that failure to cure the deficiencies noted would result in dismissal of
this action without further notice.
Plaintiff has failed to comply with the January 21 Order, and he has not
communicated with the Court since he initiated this action on January 2, 2014.
Accordingly, it is
ORDERED that this action is DISMISSED without prejudice pursuant to Rule
41(b) of the Federal Rules of Civil Procedure for the failure of Plaintiff, Brandon Che
Lee, to comply with the January 21, 2014 Order Directing Plaintiff to Cure Deficiencies.
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied for the purpose of appeal. 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. 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 United States Court of Appeals for the Tenth Circuit within thirty days in
accordance with Fed. R. App. P. 24. It is
DATED at Denver, Colorado, this
6th day of
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court
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