Watkins v. No Named Defendant

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-01338-BNB
ALLEN T. WATKINS,
Plaintiff,
v.
[NO NAMED DEFENDANT],
Defendant.

ORDER OF DISMISSAL

Plaintiff, Allen T. Watkins, is a prisoner in the custody of the Colorado
Department of Corrections at the Denver Reception and Diagnostic Center. He
attempted to initiate the instant action by submitting pro se a letter (ECF No. 1). The
Court reviewed the letter and determined it was deficient. Therefore, on May 13, 2014,
Magistrate Judge Boyd N. Boland entered an order (ECF No. 3) directing Mr. Watkins to
cure certain enumerated deficiencies within thirty days if he wished to pursue his claims.

The May 13 order pointed out that Mr. Watkins 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. The May 13 order also pointed out
that Mr. Watkins failed to submit a Prisoner Complaint on the proper, Court-approved
form. The May 13 order directed Mr. Watkins 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 May 13 order warned him that the action would be dismissed without
prejudice and without further notice if he failed to cure the designated deficiencies within
thirty days.
Mr. Watkins has failed to cure the designated deficiencies within the time allowed
and has failed otherwise to communicate with the Court. Therefore, the action will be
dismissed without prejudice for Mr. Watkins’ 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. Watkins 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, Allen T. Watkins, to
cure the deficiencies designated in the amended order to cure of May 13, 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.
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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

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