Martin v. Bourleson, et al

Filing 6

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 8/25/14. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-01924-BNB
VINCENT TODD MARTIN,
Plaintiff,
v.
PAUL BOURLESON,
JARED JOHNSON, and
THE STATE OF COLORADO,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Vincent Todd Martin, who resides in Denver, submitted pro se an
Application to Proceed in District Court Without Prepaying Fees or Costs (ECF No. 2)
and a Complaint (ECF No. 1) pursuant to Title VII asserting discrimination on the basis
of religion and “financial and criminal background.” ECF No. 1 at 2. He was granted
leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.
The Court reviewed the documents and determined they were deficient.
Therefore, on July 14, 2014, Magistrate Judge Boyd N. Boland entered an order (ECF
No. 4) directing Mr. Martin to file within thirty days an amended Title VII Complaint on
the Court-approved form that named the appropriate defendants and complied with the
pleading requirements of Rule 8 of the Federal Rules of Civil Procedure. The July 14
order warned him that if he failed to file an amended Title VII Complaint as directed

within the time allowed, the Title VII Complaint and the action would be dismissed
without prejudice and without further notice.
On July 16, 2014, Mr. Martin filed a letter. He failed to cure the designated
deficiencies as directed within the time allowed. Therefore, the action will be dismissed
without prejudice for Mr. Martin’s failure to file an amended Title VII Complaint as
directed within the time allowed.
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. Martin 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, Vincent Todd Martin, to
file within the time allowed an amended Title VII Complaint as directed in the order of
July 14, 2014. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied. It is

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FURTHER ORDERED that any pending motions are denied as moot.
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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