Abdullah v. No Named Respondent

Filing 5

ORDER Of Dismissal. The action is dismissed without prejudice. No certificate of appealability will issue. Leave to proceed in forma pauperis on appeal isdenied without prejudice. 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-01159-BNB
ABDULLAH MUHAMMAD EL AL RASHEED MUHAMMAD ABDULLAH, also known as
MUHAMMAD MUSTAFA ABDULLAH,
Applicant,
v.
[NO RESPONDENT NAMED],
Respondent.

ORDER OF DISMISSAL

Applicant is confined at the Colorado Mental Health Institute in Pueblo, Colorado.
Applicant initiated this action by filing pro se letters (ECF No. 1) in which it appears he
may be seeking habeas corpus relief. The instant action was commenced and, on April
24, 2014, Magistrate Judge Boyd N. Boland entered an order directing Applicant to cure
certain deficiencies if he wished to pursue any habeas corpus claims. Specifically,
Magistrate Judge Boland ordered Applicant to file an Application for a Writ of Habeas
Corpus Pursuant to 28 U.S.C. § 2241 and either to pay the $5.00 filing fee or to file a
properly supported Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28
U.S.C. § 1915 in a Habeas Corpus Action. Applicant was warned that the action would
be dismissed without further notice if he failed to cure the deficiencies within thirty days.
On April 29, 2014, Applicant filed a document (ECF No. 4) that does not clarify
the claims he is asserting and that does not cure any of the deficiencies. Applicant has
not filed an application for a writ of habeas corpus and he has failed either to pay the

filing fee or to file a properly supported motion seeking leave to proceed in forma
pauperis pursuant to 28 U.S.C. § 1915. Therefore, the action will be dismissed without
prejudice for failure to cure the deficiencies within the time allowed.
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 Applicant 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 Applicant failed to cure the deficiencies
as directed. It is
FURTHER ORDERED that no certificate of appealability will issue because
Applicant has not made a substantial showing of the denial of a constitutional right. It is

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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.

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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