Perreten v. No Named Defendant
ORDER Of Dismissal. The action is dismissed without prejudice. Leave to proceed in forma pauperis on appeal is denied. Any pending motions are denied as moot. By Judge Lewis T. Babcock on 6/4/2014. (klyon, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-00840-BNB
ROBERT LINDSEY PERRETEN,
[NO NAMED DEFENDANT],
ORDER OF DISMISSAL
Plaintiff, Robert Lindsey Perreten, currently is incarcerated at the Arapahoe
County Detention Facility in Centennial, Colorado. He filed pro se a letter (ECF No. 1)
appearing to assert civil rights violations pursuant to 42 U.S.C. § 1983. The Court
reviewed the letter and determined it was deficient. Therefore, on March 24, 2014,
Magistrate Judge Boyd N. Boland entered an order (ECF No. 3) directing Mr. Perreten
to cure certain enumerated deficiencies in the case within thirty days if he wished to
pursue his claims.
The March 24 order pointed out that Mr. Perreten failed to submit either the
$400.00 filing fee or a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to
28 U.S.C. § 1915 on the proper, Court-approved form, together with a certified copy of
his trust fund account statement for the six-month period immediately preceding this
filing obtained from the appropriate prison official. The March 24 order also pointed out
that Mr. Perreten failed to submit a Prisoner Complaint on the proper, Court-approved
form. The March 24 order directed Mr. Perreten to obtain, with the assistance of his
case manager or the facility’s legal assistant, the Court-approved forms for filing a
Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 and
a Prisoner Complaint. The March 24 order warned him that if he failed to cure the
designated deficiencies within thirty days, the action would be dismissed without
prejudice and without further notice.
Mr. Perreten has failed to cure the designated deficiencies within the time
allowed or otherwise to communicate with the Court in any way. Therefore, the action
will be dismissed without prejudice for Mr. Perreten’s failure to cure the designated
deficiencies as directed within the time allowed and for his failure to prosecute.
Finally, the Court certifies pursuant to § 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 Mr. Perreten 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.
Accordingly, it is
ORDERED that the action is dismissed without prejudice pursuant to Rule 41(b)
of the Federal Rules of Civil Procedure for the failure of Plaintiff, Robert Lindsey
Perreten, to cure the deficiencies designated in the order to cure of March 24, 2014,
within the time allowed, and for his failure to prosecute. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied. It is
FURTHER ORDERED that any pending motions are denied as moot.
DATED at Denver, Colorado, this
4th day of
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK
Senior Judge, United States District Court
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