Kaiser v. Raff et al
ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 8/4/14. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01479-BNB
TAMMARA D. KAISER,
LEANE TOFSRUD, and
ORDER OF DISMISSAL
Plaintiff, Tammara Kaiser, initiated this action by filing pro se a Complaint (ECF
No. 1). On June 16, 2014, Ms. Kaiser filed an Amended Complaint (ECF No. 6). On
June 26, 2014, Magistrate Judge Boyd N. Boland entered an order directing Ms. Kaiser
to file on the proper form a second amended complaint that clarifies the specific claims
she is asserting and the specific relief she is seeking. Ms. Kaiser was warned that the
action would be dismissed without further notice if she failed to file a second amended
complaint within thirty days.
Ms. Kaiser, however, has failed to file a second amended complaint as directed.
Therefore, the action will be dismissed without prejudice because Ms. Kaiser has failed
within the time allowed to file a second amended application as directed.
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 Plaintiff files a notice of appeal she 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 action is dismissed without prejudice pursuant to Rule 41(b)
of the Federal Rules of Civil Procedure because Ms. Kaiser failed to prosecute and file
a second amended complaint 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 4th
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court
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