Benson v. No Named Defendants

Filing 4

ORDER Of Dismissal. This action is DISMISSED without prejudice. Leave to proceed in forma pauperis on appeal is denied for the purpose of appeal. By Judge Lewis T. Babcock on 7/9/2014. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01506-BNB
KENNETH E. BENSON,
Petitioner,
v.
[NO NAMED RESPONDENT],
Respondent.

ORDER OF DISMISSAL

Petitioner, Kenneth E. Benson, is in the custody of the Colorado Department of
Corrections at the Crowley County Correctional Facility in Olney Springs, Colorado. On
May 30, 2014, Mr. Benson initiated this action by filing a Letter with the Court
complaining about a warrant lodged against him by Illinois authorities, which he states is
preventing him from receiving a halfway house placement.
On June 2, 2014, Magistrate Judge Boyd N. Boland reviewed Petitioner’s filing
and determined that it was deficient. Magistrate Judge Boland directed Petitioner to
submit an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 and a
Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C.
§ 1915 in a Habeas Corpus Action on the court-approved forms within thirty (30) days.
Magistrate Judge Boland further instructed Petitioner that he could pay the $5.00 filing
fee in lieu of filing a § 1915 motion and affidavit. Magistrate Judge Boland warned
Petitioner in the June 2 Order that failure to cure the deficiencies noted would result in
dismissal of this action without further notice.

Mr. Benson has failed to comply with the June 2 Order. Further, he has not
communicated with the Court since he initiated this action on May 30, 2014.
Accordingly, it is
ORDERED that this action is DISMISSED without prejudice pursuant to Rule
41(b) of the Federal Rules of Civil Procedure for the failure of Petitioner, Kenneth E.
Benson, to comply with the June 2, 2014 Order Directing Petitioner to Cure
Deficiencies. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied for the purpose of appeal. 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. See
Coppedge v. United States, 369 U.S. 438 (1962). If Mr. Benson files a notice of appeal
he must also 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.
DATED at Denver, Colorado, this

9th day of

July

, 2014.

BY THE COURT:

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

2