Jo v. Six Unknown Names Agents
ORDER Of Dismissal. The Complaint and action are dismissed without prejudice. 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-01312-BNB
YOUNG YIL JO,
JESUS LOPEZ MATA,
XING LIN WANG,
THO LE, and
BERTRAM C. JOHNSON,
SIX UNKNOWN NAMES AGENTS, or
MR. PRESIDENT OF THE UNITED STATES BARACK OBAMA,
ORDER OF DISMISSAL
Plaintiffs are in the custody of the Alabama-Etowah County Jail in Gadsden,
Alabama. Plaintiffs initiated this action by filing a civil rights action under 42 U.S.C.
§ 1983. In an order entered on May 20, 2014, Magistrate Judge Boyd N. Boland
directed Plaintiffs to file their claims on a Court-approved form used in filing prisoner
complaints. Magistrate Judge Boland also directed Plaintiffs either to pay the filing fee
in full or to submit a separate Prisoner’s Motion and Affidavit for Leave to Proceed
Pursuant to 28 U.S.C. § 1915 for each named Plaintiff. Magistrate Judge Boland
warned Plaintiffs that the action would be dismissed without further notice if they failed
to cure the deficiencies within thirty days.
Plaintiffs have failed to submit the $400 filing fee or in the alternative submit a
request to proceed pursuant to 28 U.S.C. § 1915. They also have failed to submit their
claims on a Court-approved form. The action will be dismissed because Plaintiffs have
failed to comply with the March 20, 2014 Order within the time allowed.
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 Plaintiffs file 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.
The Court acknowledges the imposition of filing restrictions in Jo v. Six Unknown
Names Agents, et al., No. 14-cv-00700-BNB, ECF No. 15 (D. Colo. Apr. 22, 2014).
Because the order imposing filing restrictions was entered after this case was filed, the
Court will refrain from addressing filing restrictions and monetary sanctions in this case.
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
DATED at Denver, Colorado, this 27th
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court
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