Jones v. No Named Defendants
ORDER Of Dismissal. Rhe action is dismissed without prejudice. Leave to proceed in forma pauperis on appeal is denied. Any pending motions are denied as moot. By Judge Lewis T. Babcock on 6/6/2014. (klyon, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01229-BNB
ELVIS WAYNE JONES,
[NO NAMED DEFENDANT],
ORDER OF DISMISSAL
Plaintiff, Elvis Wayne Jones, is a prisoner in the custody of the Texas
Department of Criminal Justice who currently is incarcerated at the Alfred D. Hughes
Unit in Gatesville, Texas. He attempted to initiate the instant action by filing pro se a
letter (ECF No. 1). The Court reviewed the letter and determined it was deficient.
Therefore, on April 30, 2014, Magistrate Judge Boyd N. Boland entered an order (ECF
No. 3) directing Mr. Jones to cure certain enumerated deficiencies in the case within
thirty days if he wished to pursue his claims.
The April 30 order pointed out that Mr. Jones failed to submit either the $400.00
filing fee or a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28
U.S.C. § 1915 on the proper, Court-approved form, i.e., the current form revised
October 1, 2012, with an authorization and certificate of prison official, together with 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 30 order
also pointed out that Mr. Jones failed to submit a Prisoner Complaint on the proper,
Court-approved form. The April 30 order directed Mr. Jones to obtain, with the
assistance of his case manager or the facility’s legal assistant, the Court-approved
forms for filing a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28
U.S.C. § 1915 and a Prisoner Complaint. The April 30 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.
Mr. Jones has failed to cure the designated deficiencies within the time allowed
or otherwise to communicate with the Court in any way. Therefore, the action will be
dismissed without prejudice for Mr. Jones’ failure to cure the designated deficiencies 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. Jones files a notice of appeal he also must pay the full $505.00 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 for the failure of Plaintiff, Elvis Wayne Jones, to
cure the deficiencies designated in the order to cure of April 30, 2014, 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
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK
Senior Judge, United States District Court
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