Vianez v. State of Colorado et al

Filing 5

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 2/28/14. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-00164-BNB
JUAN VIANEZ,
Plaintiff,
v.
STATE OF COLORADO, and
MR. HICKENLOOPER,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Juan Vianez, is in the custody of the United States Bureau of Prisons at
ADX in Florence, Colorado. Mr. Vianez, acting pro se, initiated this action by filing a
pleading titled, “Oral Hearing (A) (Z) Demand $10,000 Summon’s [sic]/Venire Facias,”
ECF No. 1. On January 21, 2014, Magistrate Judge Boyd N. Boland entered an order
and directed Mr. Vianez to cure certain deficiencies in the pleading. Specifically,
Magistrate Judge Boland directed Mr. Vianez to submit his claims on a Court-approved
form used in filing prisoner complaints. Magistrate Judge Boland also directed Mr.
Vianez to submit a request to proceed pursuant to 28 U.S.C. § 1915 on a proper form
along with a certified account statement showing the current balance in his trust fund
account.
Magistrate Judge Boland warned Mr. Vianez that the action would be dismissed
without further notice if he failed to cure the deficiencies within thirty days. Rather than
cure the deficiencies, Mr. Vianez submitted a filing that is nonsense and unresponsive

to the January 21, 2014 Order to Cure. Because Mr. Vianez now has failed to comply
with the January 21 Order within the time allowed, the action will be dismissed without
prejudice for failure to cure the deficiencies.
The Court 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 is denied for the
purpose of appeal. See Coppedge v. United States, 369 U.S. 438 (1962). If Mr. Vianez
files a notice of appeal he must also pay the full $505.00 appellate filing fee or file a
motion to proceed in forma pauperis in 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 the deficiencies and for failure to
prosecute. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied.
DATED at Denver, Colorado, this

28th

day of

February

BY THE COURT:

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

2

, 2014.