Thornton-Bey v. Berkebile

Filing 7

ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 8/1/14. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-01419-BNB

DEJUAN B. THORNTON-BEY
Petitioner,
v.
D. BERKEBILE,
Respondent.

ORDER OF DISMISSAL

Petitioner, DeJuan B. Thornton-Bey, is a prisoner in the custody of the Federal
Bureau of Prisons at the United States Penitentiary, Florence ADMAX, in Florence,
Colorado. Mr. Thornton-Bey initiated this action by filing pro se two documents titled
“Writ of Habeas Corpus” (ECF No. 1) and “Filing Fee” (ECF No. 3). On May 21, 2014,
Magistrate Judge Boyd N. Boland entered an order directing Mr. Thornton-Bey to cure
certain deficiencies if he wished to pursue any claims in this action. Specifically,
Magistrate Judge Boland directed Mr. Thornton-Bey to file an application for a writ of
habeas corpus on the proper form and either to pay the $5.00 filing fee or to file a
properly supported prisoner’s motion seeking leave to proceed in forma pauperis
pursuant to 28 U.S.C. § 1915. Mr. Thornton-Bey was warned that the action would be
dismissed without further notice if he failed to cure the deficiencies within thirty days.
On June 24, 2012, Judge Boland granted Mr. Thornton-Bey’s request for an extension
of time to cure deficiencies.

Mr. Thornton-Bey, however, has failed to cure the deficiencies within the time
allowed and has failed to respond in any way to Judge Boland’s June 24 minute order.
Therefore, the action will be dismissed without prejudice for failure to cure deficiencies.
Furthermore, the Court certifies pursuant to 28 U.S.C. § 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 Petitioner files a notice of appeal he also 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. Accordingly, it is
ORDERED that the “Writ of Habeas Corpus” (ECF No. 1) is denied and the
action is dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil
Procedure because Mr. Thornton-Bey failed to cure the deficiencies as directed. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied without prejudice to the filing of a motion seeking leave to proceed in forma
pauperis on appeal in the United States Court of Appeals for the Tenth Circuit.
DATED at Denver, Colorado, this

1st

day of

August

, 2014.

BY THE COURT:

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

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