Young v. Hall et al

Filing 4

ORDER Of Dismissal. The action is dismissed without prejudice pursuant to Fed. R. Civ. 41(b) for failure to comply with the May 20, 2014 Order and cure deficiencies. Leave to proceed in forma pauperis on appeal is denied. By Judge Lewis T. Babcock on 6/27/2014. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01310-BNB
TIMOTHY DOYLE YOUNG,
Plaintiff,
v.
A.W. HALL, and
YVETTE FETTERHOFF,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Timothy Doyle Young, is in the custody of the United States Bureau of
Prisons and currently is incarcerated at ADX in Florence, Colorado. Plaintiff initiated
this action by filing pro se a Civil Complaint on May 9, 2014. In an order entered on
May 20, 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 comply with the May 20, 2014 Order 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 order in Young v. United States, No.
14-cv-00073-LTB, ECF No. 24 (D. Colo. Apr. 22, 2014), that imposes filing restrictions
on Plaintiff. Because the order imposing restrictions 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 May 20, 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

27th day of

June

, 2014.

BY THE COURT:

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

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