Gibson v. Colorado Court of Appeals

Filing 8

ORDER Of Dismissal. The action is dismissed without prejudice. Leave to proceed in forma pauperis on appeal is denied without prejudice. The document titled "Fed. R. Civil P. 47(b)(4) Extension of Time Limits and Excusable Neglect" (ECF No. 2 ), the Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 (ECF No. 3 ), and the Prisoner's Motion and Affidavit for Leave to Proceed on Appeal Pursuant to 28 U.S.C. §1915 and Fed. R. App. P. 24 (ECF No. 4 ) are denied as moot. By Judge Lewis T. Babcock on 5/29/2014. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-01128-BNB
GIBSON,
Plaintiff,
v.
COLORADO COURT OF APPEALS,
Defendant.

ORDER OF DISMISSAL

Plaintiff, a prisoner in the custody of the Colorado Department of Corrections,
initiated this action by filing pro se a Notice of Appeal (ECF No. 1); document titled “Fed.
R. Civil P. 47(b)(4) Extension of Time Limits and Excusable Neglect” (ECF No. 2);
Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915
(ECF No. 3); Prisoner’s Motion and Affidavit for Leave to Proceed on Appeal Pursuant
to 28 U.S.C. § 1915 and Fed. R. App. P. 24 (ECF No. 4); and Opening Brief (ECF No.
5). On April 21, 2014, Magistrate Judge Boyd N. Boland entered an order directing
Plaintiff to cure certain deficiencies if he wished to pursue his claims in this action. One
of the deficiencies identified by Magistrate Judge Boland was the fact that Plaintiff failed
to submit a Prisoner Complaint. Plaintiff was warned that the action would be dismissed
without further notice if he failed to cure the deficiencies within thirty days.
Plaintiff has failed to file a Prisoner Complaint within the time allowed and has
failed to respond in any way to Magistrate Judge Boland’s April 21 order to cure the

deficiencies. Therefore, the action will be dismissed without prejudice for failure to cure
the deficiencies.
Furthermore, the Court certifies pursuant to 28 U.S.C. § 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 Plaintiff files a notice of appeal he also 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 action is dismissed without prejudice pursuant to Rule 41(b)
of the Federal Rules of Civil Procedure because Plaintiff failed to cure the deficiencies
as directed. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied without prejudice to the filing of a motion seeking leave to proceed in forma
pauperis on appeal in the United States Court of Appeals for the Tenth Circuit. It is
FURTHER ORDERED that the document titled “Fed. R. Civil P. 47(b)(4)
Extension of Time Limits and Excusable Neglect” (ECF No. 2), the Prisoner’s Motion
and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 (ECF No. 3), and the

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Prisoner’s Motion and Affidavit for Leave to Proceed on Appeal Pursuant to 28 U.S.C. §
1915 and Fed. R. App. P. 24 (ECF No. 4) are denied as moot.
DATED at Denver, Colorado, this

29th day of

May

, 2014.

BY THE COURT:

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

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