Jenkins v. No Named Defendant

Filing 7

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 3/24/14. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-00415-BNB
BOBBY JACK JENKINS,
Plaintiff,
v.
[NO DEFENDANTS NAMED],
Defendants.

ORDER OF DISMISSAL

Plaintiff, Bobby Jack Jenkins, is a federal prisoner in Colorado. Mr. Jenkins
initiated this action by filing pro se a letter (ECF No. 1) complaining that he has been
denied equal protection in connection with an appeal filed in the United States Court of
Appeals for the Tenth Circuit. The instant action was commenced and, on February 14,
2014, Magistrate Judge Boyd N. Boland entered an order directing Mr. Jenkins to cure
certain deficiencies if he wished to pursue any claims in this action. Specifically,
Magistrate Judge Boland directed Mr. Jenkins to file on the court-approved form a
Prisoner Complaint and either to pay filing and administrative fees totaling $400.00 or to
file on the court-approved form a Prisoner’s Motion and Affidavit for Leave to Proceed
Pursuant to 28 U.S.C. § 1915 along with a certified copy of his inmate trust fund
account statement and an authorization to calculate and disburse filing fee payments.
Mr. Jenkins was warned that the action would be dismissed without further notice if he
failed to cure the deficiencies within thirty days.

On February 24, 2014, Mr. Jenkins filed a document (ECF No. 5) requesting
appointment of counsel. On February 25, 2014, Magistrate Judge Boland entered a
minute order denying the request for appointment of counsel as premature. On March
3, 2014, Mr. Jenkins returned the copy of Magistrate Judge Boland’s February 25
minute order to the Court. (See ECF No. 6.)
Mr. Jenkins has failed to cure the deficiencies within the time allowed. He has
failed to file on the proper form a Prisoner Complaint that identifies the claims he
intends to pursue in this action and he has failed either to pay filing and administrative
fees totaling $400.00 or to file on the court-approved form a Prisoner’s Motion and
Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 along with a certified copy
of his inmate trust fund account statement and an authorization to calculate and
disburse filing fee payments. 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 action is dismissed without prejudice pursuant to Rule 41(b)
of the Federal Rules of Civil Procedure because Mr. Jenkins failed to cure the
deficiencies as directed. It is
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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 24th day of

March

, 2014.

BY THE COURT:

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

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