Bomprezzi v. Ohanian
Filing
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ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 3/4/14. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-00199-BNB
MEL BOMPREZZI,
Plaintiff,
v.
ARA OHANIAN,
Defendant.
ORDER OF DISMISSAL
Plaintiff, Mel Bomprezzi, is in the custody of the Colorado Department of
Corrections at the Centennial Correctional Facility at Cañon City, Colorado. Plaintiff
initiated this action by filing pro se a pleading titled “Writ of Prohibition.” On January 24,
2014, Magistrate Judge Boyd N. Boland directed Plaintiff to submit his claims on a
Court-approved form used in filing pro se complaints and either to file a Motion and
Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 or to pay the $400 filing fee
in full. Plaintiff was warned that the action would be dismissed without further notice if
he failed to cure the deficiencies within thirty days.
Plaintiff has failed to communicate with the Court and failed to cure the
deficiencies within the time allowed. The Court, therefore, will dismiss the action.
Finally, 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 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 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 Fed. R. Civ.
P. 41(b) for failure to cure the deficiencies within the time allowed. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied.
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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