Sumpter v. Raemisch et al

Filing 5

ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 3/4/14. 3 Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 is denied as moot. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-00195-BNB
ROSS SUMPTER,
Plaintiff,
v.
RICK RAEMISCH, Exec. Dir. CDOC,
JANE DOE, CDOC Time Comp.,
JOHN DOE, CDOC Time Comp.,
ARI ZAVARAS, Exec. Dir. CDOC,
TOM CLEMENTS, Exec. Dir. CDOC, and
JOHN SUTHERS, Exec. Dir. CDOC,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Ross Sumpter, is a prisoner in the custody of the Colorado Department
of Corrections at the Fremont Correctional Facility in Cañon City, Colorado. Mr.
Sumpter initiated this action by filing pro se a Prisoner Complaint (ECF No. 1) and a
Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915
(ECF No. 3). On January 24, 2014, Magistrate Judge Boyd N. Boland entered an order
directing Mr. Sumpter to cure certain deficiencies if he wished to pursue his claims in
this action. Specifically, Magistrate Judge Boland directed Mr. Sumpter to submit a
certified copy of his inmate trust fund account statement as required pursuant to 28
U.S.C. § 1915(a)(2) as well as a signed authorization to calculate and disburse filing fee
payments. Mr. Sumpter was warned that the action would be dismissed without further
notice if he failed to cure the deficiencies within thirty days.

Mr. Sumpter has failed to cure the deficiencies within the time allowed and he
has failed to respond in any way to Magistrate Judge Boland’s January 24 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 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 and the action are dismissed without
prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure because Mr.
Sumpter 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. It is
FURTHER ORDERED that the Prisoner’s Motion and Affidavit for Leave to
Proceed Pursuant to 28 U.S.C. § 1915 (ECF No. 3) is denied as moot.
DATED at Denver, Colorado, this 4th day of

March , 2014.

BY THE COURT:
s/ Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court
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