Red Bear v. No Named Defendant

Filing 4

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 8/19/14. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01209-BNB
RONALD RED BEAR,
Plaintiff,
v.
[NO NAMED DEFENDANTS],
Defendants.

ORDER OF DISMISSAL

Plaintiff, Ronald Red Bear, is in the custody of the Federal Bureau of Prisons at
the United States Penitentiary in Florence, Colorado. Plaintiff initiated this action by
filing pro se a Letter seeking appointment of counsel and access to the law library. In
an order entered on July 9, 2014, Magistrate Judge Boyd N. Boland construed the
action more properly filed pursuant to Bivens v. Six Unknown Named Agents of Fed.
Bureau of Narcotics, 403 U.S. 388 (1971), and instructed Plaintiff to file his claims on a
Court-approved form used in filing prisoner complaints. Magistrate Judge Boland also
instructed Plaintiff either to pay the $400.00 filing fee or to submit a Prisoner’s Motion
and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 form.
Magistrate Judge Boland warned Plaintiff that the action would be dismissed
without further notice if he failed to cure the deficiencies within thirty days. Plaintiff has
failed to comply with the July 9, 2014 Order within the time allowed, and the action 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, 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 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 Complaint and action are dismissed without prejudice
pursuant to Fed. R. Civ. P. 41(b) for failure to cure all deficiencies and for failure to
prosecute. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied.
DATED at Denver, Colorado, this 19th

day of

August

, 2014.

BY THE COURT:

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

2