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, )

Download PDF
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 2 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 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?