Jo et al v. Six Unknown Names Agents

Filing 10

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pampers on appeal, by Judge Lewis T. Babcock on 4/22/14. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-00729-BNB
YIL JO YOUNG,
SALVADOR ALEJO,
AGAPITO JARAMILLO,
GUSTAVO RUBIO,
WILLIAM SANTOS,
MARIO GARCIA,
IVAN PEREZ,
ARLON SANTANDER,
MARTIN A. ROSAS,
YURI TZUL,
JOSE ALCANTAVA,
LUIS QUIMTANILLA,
ERICK N. BOCH,
BERTHARDO FERNANDEZ,
SANTOS DIAZ
XING LIN WANG,
OMAR TURCIOS,
ROGER TALANCON,
CRESCENCIO BARRAZA,
THO LE, and
BERTRAM C. JOHNSON,
Plaintiffs,
v.
SIX UNKNOWN NAMES AGENTS, or
MR. PRESIDENT OF THE UNITED STATES BARACK
OBAMA,
Defendants.

ORDER OF DISMISSAL

Plaintiffs are in the custody of the Alabama-Etowah County Jail in Gadsden,
Alabama. Plaintiffs, acting pro se, initiated this action by filing a civil rights action under
42 U.S.C. § 1983. In an order entered on March 12, 2014, Magistrate Judge Boyd N.
Boland directed Plaintiffs to file their claims on a Court-approved form used in filing

prisoner complaints. Magistrate Judge Boland also directed Plaintiffs either to pay the
filing fee in full or to submit a separate Prisoner’s Motion and Affidavit for Leave to
Proceed Pursuant to 28 U.S.C. § 1915 for each named Plaintiff. Magistrate Judge
Boland warned Plaintiffs that the action would be dismissed without further notice if they
failed to cure the deficiencies within thirty days.
Plaintiffs have failed to submit the $400 filing fee or in the alternative submit a
request to proceed pursuant to 28 U.S.C. § 1915. They also have failed to submit their
claims on a Court-approved form. Because Plaintiffs have failed to comply with the
March 12, 2014 Order, within the time allowed, the action will be dismissed.
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 Plaintiffs file 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.
The Court acknowledges the pending order in Jo v. Six Unknown Names Agents,
et al., No. 14-cv-00700-BNB (D. Colo. Filed Mar. 6, 2014), directing Plaintiff Young Yil
Jo to show cause why he should not be subject to filing restrictions and monetary
sanctions in this Court. Because the order to show cause was entered after this case
was filed, the Court will refrain from addressing filing restrictions and monetary
sanctions. Accordingly, it is
ORDERED that the Complaint and action are dismissed without prejudice
pursuant to Fed. R. Civ. P. 41(b) for failure to cure all deficiencies and for failure to
prosecute. It is
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FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied.
DATED at Denver, Colorado, this

22nd

day of

April

, 2014.

BY THE COURT:

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

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