Grenier v. People of the State of Colorado, The

Filing 4

ORDER of Dismissal. The 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 6/20/2014. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-01336-BNB
ALBERT PETER GRENIER,
Applicant,
v.
PEOPLE OF THE STATE OF COLORADO,
Respondent.

ORDER OF DISMISSAL

Applicant, Albert Peter Grenier, is a prisoner in the custody of the Colorado
Department of Corrections at the correctional facility in Sterling, Colorado. He
attempted to initiate the instant action by submitting pro se a motion titled “Motion to
Request Mittimus at Court Expense” (ECF No. 1). The Court reviewed the motion and
determined it was deficient. Therefore, on May 13, 2014, Magistrate Judge Boyd N.
Boland entered an order (ECF No. 3) directing Mr. Grenier to cure certain enumerated
deficiencies in the case within thirty days if he wished to pursue his claims.
The May 13 order pointed out that Mr. Grenier failed to submit either the $5.00
filing fee or a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28
U.S.C. § 1915 in a Habeas Corpus Action, together with a certificate of the warden
showing the current balance in his prison account. The May 13 order also pointed out
that Mr. Grenier failed to submit an Application for Writ of Habeas Corpus Pursuant to
28 U.S.C. § 2254 on the proper, Court-approved form that named the appropriate

Respondent. The May 13 order directed Mr. Grenier 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 in a
Habeas Corpus Action and an Application for Writ of Habeas Corpus Pursuant to 28
U.S.C. § 2254. The May 13 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. Grenier has failed to cure the designated deficiencies within the time allowed,
or otherwise communicate with the Court in any way. Therefore, the action will be
dismissed without prejudice for Mr. Grenier’s 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. Grenier 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 Applicant, Albert Peter Grenier,
to cure the deficiencies designated in the order to cure of May 13, 2014, within the time
allowed, and for his failure to prosecute. It is
2

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 20th day of

June , 2014.

BY THE COURT:

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

3