Acres v. Jefferson County Detentions Facillity et al

Filing 5

ORDER Of Dismissal. The Prisoner Complaint (ECF No. 1 ) and the action aredismissed without prejudice. Leave to proceed in forma pauperis on appeal isdenied. Any pending motions are denied as moot. By Judge Lewis T. Babcock on 5/30/2014. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-00915-BNB
ALAN ZECHARIAH ACRES,
Plaintiff,
v.
JEFFERSON COUNTY DETENTIONS FACILITY, and
JEFFERSON COUNTY DETENTIONS FACILITY MEDICAL DEPARTMENT,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Alan Zechariah Acres, is incarcerated at the Jefferson County Detention
Facility in Golden, Colorado. He initiated the instant action by submitting pro se a
Prisoner Complaint (ECF No. 1) and a Prisoner’s Motion and Affidavit for Leave to
Proceed Pursuant to 28 U.S.C. § 1915 (ECF No. 3). The Court reviewed the
documents and determined they were deficient. Therefore, on April 8, 2014, Magistrate
Judge Boyd N. Boland entered an order (ECF No. 4) directing Mr. Acres to cure certain
enumerated deficiencies in the case within thirty days if he wished to pursue his claims.

The April 8 order pointed out that Mr. Acres failed to submit either the $400.00
filing fee or 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 April
8 order directed Mr. Acres to obtain, with the assistance of his case manager or the
facility’s legal assistant, the Court-approved form for filing a Prisoner Complaint, and to

sign the amended Prisoner Complaint he would be directed to file. The April 8 order
also directed Mr. Acres to provide on the amended Prisoner Complaint one address
only for himself instead of the two he has provided and to include in his address the
name of the facility where he is incarcerated. The April 8 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.
The April 8 order explained to Mr. Acres that the amended Prisoner Complaint he
was being directed to file must comply with the pleading requirements of Rule 8 of the
Federal Rules of Civil Procedure, assert a statutory basis for his claims, sue the proper
parties, and assert the personal participation of each named Defendant. The April 8
order warned Mr. Acres that if he failed to cure the designated deficiencies or file an
amended Prisoner Complaint as directed within the time allowed, the Prisoner
Complaint and the action may be dismissed without further notice.
Mr. Acres has failed within the time allowed to cure the designated deficiencies,
file an amended Prisoner Complaint as directed, or otherwise communicate with the
Court in any way. Therefore, the Prisoner Complaint and the action will be dismissed
without prejudice for Mr. Acres’ failure to cure the designated deficiencies and file an
amended Prisoner Complaint 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. Acres files a notice of appeal he also must pay the full $505.00 appellate
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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 Prisoner Complaint (ECF No. 1) and the action are
dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil
Procedure for the failure of Plaintiff, Alan Zechariah Acres, to cure the deficiencies
designated in the order to cure of April 8, 2014, and file an amended Prisoner Complaint
as directed 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

30th

day of

May

, 2014.

BY THE COURT:

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

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