Navarro v. Klein et al

Filing 10

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 3/18/14. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-00362-BNB
JIM NAVARRO,
Plaintiff,
v.
RICK G. KLEIN, and
STEVE RABE,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Jim Navarro, resides in Rocky Ford, Colorado. Plaintiff originally filed a
civil rights complaint in the United States District Court for the Southern District of New
York. The Southern District of New York determined that venue properly lies in this
Court and transferred the case here on February 6, 2014. In an order entered on
February 11, 2014, Magistrate Judge Boyd N. Boland directed Plaintiff to cure certain
deficiencies if he wished to pursue his claims. Specifically, Magistrate Judge Boland
directed Plaintiff to submit his claims and request to proceed pursuant to 28 U.S.C. §
1915 on proper Court-approved forms. Magistrate Judge Boland warned Plaintiff that
the action would be dismissed without further notice if he failed to cure the deficiencies
within thirty days.
On February 21, 2014, Plaintiff filed an Application to Proceed in District Court
Without Prepaying Fees or Costs and a Motion to Request Counsel. The Application is
not a Court-approved form that is used by pro se litigants to request leave to proceed in
forma pauperis in this Court. Even if the Court considers the form, Plaintiff has failed to

provide sufficient answers to the questions that are asked on the form. Also, Plaintiff’s
request for counsel is premature. Submitting a request to proceed in forma pauperis on
a proper Court-approved form does not involve complex issues and require assistance
of counsel. The action, therefore, will be dismissed for failure to cure all deficiencies
within the time allowed.
The Court also 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 Complaint and action are dismissed without prejudice
pursuant to Fed. R. Civ. P. 41(b) for failure to comply with the February 11,2014 Order,
within the time allowed, and for failure to prosecute. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied. It is
FURTHER ORDERED that all pending motions are denied as moot.
DATED at Denver, Colorado, this 18th

day of

March

, 2014.

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

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