Taylor v. No Named Defendant
Filing
10
ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 8/26/14. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01988-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 at the Kit Carson Correctional Center in Burlington,
Colorado. Mr. Taylor, acting pro se, attempted to initiate this action on July 17, 2014, by
filing with the Court a letter concerning payment of debts (ECF No. 1), a notice of
default (ECF No. 3), and a petition to pay debts (ECF No. 4), each of which is
unintelligible. The Court opened this case under 42 U.S.C. § 1983 because Mr. Taylor
is a state prisoner and did not appear to be asserting a challenge to the fact or duration
of his conviction or sentence.
The Court reviewed the documents and determined they were deficient.
Therefore, on July 18, 2014, Magistrate Judge Boyd N. Boland entered an order (ECF
No. 5) directing Mr. Taylor to cure certain enumerated deficiencies in the case within
thirty days if he wished to pursue his claims.
The July 18 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. The July 18 order also pointed out
that he failed to submit a certified account statement for the six-month period
immediately preceding this filing and a Prisoner Complaint. The July 18 order directed
him to file on the proper, Court-approved form a Prisoner Complaint that complied with
the pleading requirements of Rule 8 of the Federal Rules of Civil Procedure.
The July 18 order further directed Mr. Taylor 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 July 18 order warned Mr. Taylor that if he failed to cure
the designated deficiencies and file a Prisoner Complaint that complied with Rule 8
within thirty days, the action would be dismissed without prejudice and without further
notice.
On July 22, 2014, Mr. Taylor submitted a letter to the clerk of the Court (ECF No.
7). On July 29, 2014, he submitted a document titled “Second Notice of Default” (ECF
No. 8). On August 22, 2014, he tendered a document titled “Judgement [sic] and Order
of Default” (ECF No. 9). Mr. Taylor has failed within the time allowed to cure the
designated deficiencies and file a Prisoner Complaint as directed. Therefore, the action
will be dismissed without prejudice for Mr. Taylor’s failure to cure the designated
deficiencies and file a Prisoner 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
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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, within
the time allowed to cure the deficiencies designated in the order to cure of July 18,
2014, and file a Prisoner Complaint that complied with the pleading requirements of
Fed. R. Civ. P. 8 as directed. 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 26th
day of
August
, 2014.
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK
Senior Judge, United States District Court
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