Houston v. USA
ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 4/4/14. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-00473-BNB
HENRY MICHAEL HOUSTON,
ORDER OF DISMISSAL
Plaintiff, Henry Michael Houston, is a prisoner in the custody of the Federal
Bureau of Prisons at the United States Penitentiary, Administrative Maximum, in
Florence, Colorado. Mr. Houston initiated this action by filing pro se a motion (ECF No.
1) which appears to seek relief in this Court. On February 25, 2014, Magistrate Judge
Boyd N. Boland entered an order directing Mr. Houston to cure certain deficiencies if he
wished to pursue his claims. Specifically, Magistrate Judge Boland directed Mr.
Houston to file on the proper form a Prisoner Complaint and either to pay filing and
administrative fees totaling $400.00 or to file a properly supported Prisoner’s Motion and
Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915. Mr. Houston was warned
that the action would be dismissed without further notice if he failed to cure the
deficiencies within thirty days.
Mr. Houston has failed to cure the deficiencies within the time allowed and has
failed to respond in any way to Magistrate Judge Boland’s February 25 order.
Therefore, the action will be dismissed without prejudice for failure to cure the
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 $505.00
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 Plaintiff, Henry Michael Houston, failed
to cure the deficiencies as directed. It is
FURTHER ORDERED that all pending motions are denied as moot. 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
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?