Anwar v. Department of Revenue Colorado Division of Motor Vehicles et al

Filing 7

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 8/19/14. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01914-BNB
AZFAR J. ANWAR,
Plaintiff,
v.
DEPARTMENT OF REVENUE, COLORADO DIVISION OF MOTOR VEHICLES, and
JOYCE GOODE-JOHNSON,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Azfar J. Anwar, initiated this action by filing pro se a Complaint and an
Application to Proceed in District Court Without Prepaying Fees or Costs. Plaintiff has
been granted leave to proceed pursuant to 28 U.S.C. § 1915. On July 10, 2014,
Magistrate Judge Boyd N. Boland entered an order directing Plaintiff to file an Amended
Complaint that complies with Fed. R. Civ. P. 8. Plaintiff also was instructed that he was
to use a Court-approved form for the Amended Complaint. Plaintiff was warned that if
he failed to comply with the July 10 Order within the time allowed the Complaint and the
action would be dismissed without further notice. On July 25, 2014, Plaintiff filed an
Amended Complaint, but he failed to use a Court-approved form.
Pursuant to D.C.COLO.L.CivR 8.2A., a pro se party shall use the forms
established by the Court to file an action. Federal Rule Civil Procedure 83(a)(2) allows
a federal district court’s local rule requiring a form to be enforced unless the failure to
comply with a rule is “nonwillful.” Magistrate Judge Boland correctly instructed Plaintiff
to submit his claims on a Court-approved form. Plaintiff does not state in any of his

filings that he is unable to obtain the proper Court-approved form used in filing
complaints. Plaintiff also was able to use a proper Court-approved form for requesting
leave to proceed without prepayment of fees or costs. Plaintiff’s failure to use a Courtapproved form for his Amended Complaint, therefore, is willful, and the Complaint and
action will be dismissed for failure to comply with a Court order.
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 is 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 $505.00 appellate filing fee or
file a motion to proceed in forma pauperis in 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 and for failure to
prosecute properly. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied
DATED at Denver, Colorado, this 19th

day of

August

, 2014.

BY THE COURT:

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

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