Taylor v. No Named Defendants
Filing
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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-01706-BNB
JOHN BIRD TAYLOR,
Plaintiff,
v.
[NO NAMED DEFENDANT],
Defendant.
ORDER OF DISMISSAL
Plaintiff, John Bird Taylor, is a prisoner in the custody of the Colorado
Department of Corrections who currently is incarcerated at the Kit Carson Correctional
Center in Burlington, Colorado. He attempted to initiate the instant action by submitting
pro se a letter to the clerk of the Court (ECF No. 1).
The Court reviewed the letter and determined it was deficient. Therefore, on
June 19, 2014, Magistrate Judge Boyd N. Boland entered an order (ECF No. 3)
directing Mr. Taylor to cure certain enumerated deficiencies in the case within thirty
days if he wished to pursue his claims.
The June 19 order pointed out that Mr. Taylor failed to submit either the $400.00
filing fee or a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28
U.S.C. § 1915 on the proper, Court-approved form, i.e., the current form revised
October 1, 2012, with an authorization and certificate of prison official. The June 19
order also pointed out that he failed to submit a certified account statement for the six-
month period immediately preceding this filing. The June 19 order directed him to file a
Prisoner Complaint on the proper, Court approved form. The order further directed him
to obtain, with the assistance of his case manager or the facility’s legal assistant, the
current, Court-approved forms for filing a Prisoner’s Motion and Affidavit for Leave to
Proceed Pursuant to 28 U.S.C. § 1915 and Prisoner Complaint. The June 19 order
warned Mr. Taylor that if he failed to cure the designated deficiencies within thirty days,
the action would be dismissed without prejudice and without further notice.
Mr. Taylor has failed within the time allowed to cure the designated deficiencies
or otherwise communicate with the Court in any way. Therefore, the action will be
dismissed without prejudice for Mr. Taylor’s failure to cure the designated deficiencies
as directed within the time allowed, and for his failure to prosecute.
Finally, the Court certifies pursuant to § 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 Mr. Taylor files a notice of appeal he also must pay the full $505.00 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 for the failure of Plaintiff, John Bird Taylor, to
cure the deficiencies designated in the order to cure of June 19, 2013, within the time
allowed, and for his failure to prosecute. It is
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FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied. It is
FURTHER ORDERED that any pending motions are denied as moot.
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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