Hollie v. Denver County Jail et al

Filing 19

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 10/16/14. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02026-BNB
TEDDY LOUIS HOLLIE,
Plaintiff,
v.
DENVER COUNTY JAIL, and
REGINALD REED,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Teddy Louis Hollie, was detained at the Denver County Jail when he
initiated this action on July 22, 2014, by submitting pro se a Prisoner Complaint
pursuant to 28 U.S.C. § 1343 and 42 U.S.C. § 1983. He seeks monetary relief.
On September 4, 2014, Magistrate Judge Boyd N. Boland reviewed Mr. Hollie’s
Prisoner Complaint and determined that it was deficient. Magistrate Judge Boland
advised Mr. Hollie that he needed to file an amended complaint that complies with the
pleading requirements of Rule 8 of the Federal Rules of Civil Procedure. Magistrate
Judge Boland also instructed Mr. Hollie to allege the personal participation of each
named Defendant. Magistrate Judge Boland finally informed Mr. Hollie that he may not
sue the Denver County Jail because it is not a separate entity from the Denver City and
County and, therefore, is not a person under 42 U.S.C. § 1983. Accordingly, Magistrate
Judge Boland directed Mr. Hollie to file an amended Prisoner Complaint. Magistrate
Judge Boland warned Mr. Hollie in the September 4 Order that failure to file an

amended complaint may result in dismissal of this action without further notice.
On September 18 and 23, 2014, Mr. Hollie submitted several documents
including a letter (ECF No. 13), a motion for appointment of counsel (ECF No. 14), a
motion to dismiss (ECF No. 15), and a motion to amend (ECF No. 16). On September
25, 2014, Magistrate Judge Boland entered a minute order denying these requests and
reminding Mr. Hollie that he has until October 6, 2014, to file his amended prisoner
complaint as directed in the September 4 Order.
On October 6, 2014, the copy of the Minute Order (ECF No. 17) that was sent to
Mr. Hollie was returned to the Court as undeliverable. (See ECF No. 18).
Mr. Hollie has now failed to file an amended prisoner complaint in compliance
with the September 4 Order. Further, he has not filed a notice of change of address
with the Court as required by D.C.COLO.LCivR 11.1(d). Accordingly, it is
ORDERED that this action is DISMISSED without prejudice pursuant to Rule
41(b) of the Federal Rules of Civil Procedure for the failure of Plaintiff, Teddy Louis
Hollie, to comply with the September 4, 2014 Order Directing Plaintiff to File Amended
Complaint and for failure to prosecute. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied for the purpose of appeal. The Court certifies pursuant to 28 U.S.C.
§ 1915(a)(3) that any appeal from this order would not be taken in good faith. See
Coppedge v. United States, 369 U.S. 438 (1962). If Mr. Hollie files a notice of appeal

2

he must also 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.
DATED at Denver, Colorado, this

16th

day of

October

, 2014.

BY THE COURT:

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

3