Rodriguez v. District Attorney's Office
ORDER of Dismissal. The Application is denied and the action is dismissed without prejudice. Leave to proceed in forma pauperis on appeal is denied. By Judge Lewis T. Babcock on 4/25/2014. (klyon, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-00816-BNB
DISTRICT ATTORNEY’S OFFICE,
ORDER OF DISMISSAL
Applicant, Jose Rodriguez, is in the custody of the Colorado Department of
Corrections at the Limon Correctional Facility in Limon, Colorado. On March 19, 2014,
Applicant initiated this action by filing a pro se “Request for Final Disposition of
Charges.” Magistrate Judge Boyd N. Boland reviewed the Motion and directed
Applicant to file his claims on a Court-approved form used in filing 28 U.S.C. § 2241
actions and either to pay the $5 filing fee or to submit a request to proceed pursuant to
28 U.S.C. § 1915 on a proper Court-approved form.
Magistrate Judge Boland warned Applicant that the action would be dismissed
without further notice if he failed to comply within thirty days. Applicant has failed to
comply within the time allowed. Therefore, 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 Applicant 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 Application is denied and the action is dismissed without
prejudice pursuant to Fed. R. Civ. P. 41(b) for failure to cure all deficiencies and for
failure to prosecute. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
DATED at Denver, Colorado, this 25th day of
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court
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