Rea v. People of the State of Colorado et al

Filing 10

ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 8/25/14. No certificate of appealability will issue. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-01617-BNB
MICHAEL D. REA, II,
Applicant,
v.
PEOPLE OF THE STATE OF COLORADO, d/b/a TREASURY DEPT.,
DEPARTMENT OF STATE, and
DEPT. OF CORRECTIONS (Exec. Dir. Rick Raemisch),
Respondents.

ORDER OF DISMISSAL

Applicant, Michael D. Rea, II, is a prisoner in the custody of the Colorado
Department of Corrections. Mr. Rea initiated this action by filing pro se an Application
for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (ECF No. 1). On July 18,
2014, Magistrate Judge Boyd N. Boland entered an order directing Mr. Rea to file an
amended application for a writ of habeas corpus that names a proper Respondent and
that clarifies the federal constitutional habeas corpus claims he is asserting. Mr. Rea
was warned that the action would be dismissed without further notice if he failed to file
an amended application within thirty days.
Mr. Rea has failed to file an amended application within the time allowed and has
failed to respond in any way to Magistrate Judge Boland’s July 18 order. Therefore, the
action will be dismissed without prejudice for failure to comply with a court order.
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 Applicant 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 habeas corpus application (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. Rea failed to comply with a court order. It is
FURTHER ORDERED that no certificate of appealability will issue because
Applicant has not made a substantial showing of the denial of a constitutional right. 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

25th day of

August

, 2014.

BY THE COURT:

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

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