Wright v. El Paso County Sheriffs et al

Filing 9

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 7/29/14. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01612-BNB

CALVIN WRIGHT,
Plaintiff,
v.
EL PASO COUNTY SHERIFFS, and
KEVIN ROZINA
Defendants.

ORDER OF DISMISSAL

Plaintiff, Calvin Wright, currently resides in Fountain, Colorado. Plaintiff, acting
pro se, initiated this action by filing a Complaint that asserts he was injured at the time
of his arrest and that he suffered a concussion, dehydration, syncope, and other injuries
due to being handcuffed. Upon review of Plaintiff’s Complaint, Magistrate Judge Boyd
N. Boland directed Plaintiff to file an Amended Complaint and assert how all named
parties personally participated in violation his constitutional rights. Plaintiff was given
thirty days to file the Amended Complaint. Plaintiff now has failed to comply with the
Order to File Amended Complaint within the time allowed.
Upon review of the Complaint, the Court finds that Magistrate Judge Boland
correctly instructed Plaintiff to amend and assert personal participation. Therefore,
because Plaintiff has failed to file an Amended Complaint within the time allowed the
action will be dismissed.

Finally, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal
from this Order is not 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 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.
Accordingly, it is
ORDERED that the Complaint and action are dismissed without prejudice
pursuant to Fed. R. Civ. P. 41(b) for failure to comply with a Court order to ffile an
Amended Complaint and for failure to prosecute. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied.
DATED at Denver, Colorado, this 29th day of

July

, 2014.

BY THE COURT:

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

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