Kailey v. Jefferson County Sheriff's Department et al
ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 8/12/14. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01747-BNB
JEFFERSON COUNTY, COLORADO, SHERIFF’S DEPARTMENT,
THEODORE “TED” MINK, Sheriff, and
PETER A. WEIR, District Attorney,
ORDER OF DISMISSAL
Applicant, Randy Kailey, is detained at the Jefferson County Detention Facility in
Golden, Colorado. On June 23, 2014, Applicant initiated this action by filing pro se an
Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 and a Prisoner’s
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas
Corpus Action. Magistrate Judge Boyd N. Boland reviewed the Application and
determined that Applicant’s claims more properly are raised in a 28 U.S.C. § 2241
action. Applicant was directed to submit his claims on a Court-approved form used in
filing 28 U.S.C. § 2241 actions. Magistrate Judge Boland also directed Applicant to
submit a certified trust fund account statement that shows Applicant’s current balance in
his prison account as of the date the action was filed.
Magistrate Judge Boland warned Applicant that the action would be dismissed
without further notice if he failed to comply within thirty days. Applicant now has failed
to comply within the time allowed. Therefore, the action will be dismissed.
The Court also 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 Applicant files a notice of appeal he 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 Application is denied and the action is dismissed without
prejudice pursuant to Fed. R. Civ. P. 41(b) for failure to cure all deficiencies and for
failure to prosecute. It is
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
12th day of
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court
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