Hilts v. Mental Health Partners et al

Filing 13

ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 5/22/14. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-00397-BNB
JAHEEM R. HILTS,
Plaintiff,
v.
MENTAL HEALTH PARTNERS, and
SHARON PAULEY,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Jaheem R. Hilts, initiated this action while he was a patient at the
Colorado Mental Health Institute at Fort Logan, Colorado, by filing pro se a Prisoner
Complaint (ECF No. 1). Mr. Hilts currently resides in New York. On March 17, 2014,
Mr. Hilts filed an amended complaint (ECF No. 7) on a nonprisoner form as directed.
On April 10, 2014, Magistrate Judge Boyd N. Boland ordered Mr. Hilts to file a second
amended complaint that complies with the pleading requirements of Rule 8 of the
Federal Rules of Civil Procedure. Mr. Hilts was warned that the action would be
dismissed without further notice if he failed to file a second amended complaint within
thirty days.
Mr. Hilts has failed to file a second amended complaint within the time allowed
and has failed to respond in any way to Magistrate Judge Boland’s April 10 order.
Therefore, the action will be dismissed without prejudice for failure to comply with a
court order.

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 (ECF No. 1), the amended complaint
(ECF No. 7), and the action are dismissed without prejudice pursuant to Rule 41(b) of
the Federal Rules of Civil Procedure because Mr. Hilts failed to comply with a court
order. 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.
DATED at Denver, Colorado, this 22st day of

May

, 2014.

BY THE COURT:

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

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