Young v. FBI et al

Filing 9

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 5/23/14. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-00986-BNB
TIMOTHY DOYLE YOUNG,
Plaintiff,
v.
FBI, and
USA,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Timothy Doyle Young, is in the custody of the United States Bureau of
Prisons at ADX in Florence, Colorado. Originally, Plaintiff, acting pro se, initiated this
action by filing a civil complaint in the United States District Court for the Southern
District of Ohio (Southern District of Ohio). The Southern District of Ohio transferred the
action to this Court pursuant to § 28 U.S.C. §§ 1391(b).
In an order entered on April 8, 2014, Magistrate Judge Boyd N. Boland instructed
Plaintiff to submit his claims on a Court-approved form used in filing prisoner
complaints. Plaintiff also was instructed to submit to the Court a Prisoner’s Motion and
Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 and a certified copy of his
inmate trust fund account statement for the six months prior to the filing of
the instant action, if he desired to proceed in forma pauperis. Otherwise, he was
directed to pay the filing fee prior to proceeding in this action.
Plaintiff has failed to submit his claims on a Court-approved form used in filing
prisoner complaints, and he has failed either to pay the filing fee in full or to submit a
proper 28 U.S.C. § 1915 Motion and Affidavit along with a certified trust fund account

statement for the six months preceding the filing date of this action within the time
allowed. The action, therefore, 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 in forma pauperis status is denied for the
purpose of appeal. See Coppedge v. United States, 369 U.S. 438 (1962). If Plaintiff
files a notice of appeal he must pay the full $505.00 appellate filing fee or file a motion
to proceed in forma pauperis in the Tenth Circuit within thirty days in accordance with
Fed. R. App. P. 24.
The Court acknowledges the pending order in Young v. United States, No.
14-cv-00073-LTB, ECF No. 20 (D. Colo. Filed Apr. 22, 2014), directing Plaintiff 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 action is dismissed without prejudice pursuant to Fed. R. Civ.
41(b) for failure to comply with the April 8, 2014 Order and cure deficiencies. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied.
DATED at Denver, Colorado, this

23rd

day of

May

BY THE COURT:

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

2

, 2014.