White v. Greyson et al

Filing 4

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 9/17/14. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02041-BNB
JUSTIN WHITE,
Plaintiff,
v.
GREYSON, Correctional Officer,
DR. ENGLE,
ARAGON, Sgt., DRDC,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Justin White, initiated this action on July 22, 2014, by filing a Motion
and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915. (ECF No. 1). In the
motion, Mr. White states that he intends to assert claims against the Defendants for
“deliberate indifference” and “life endangerment.” (Id. at 1). Accordingly, the Court
opened this case as a civil rights action pursuant to 28 U.S.C. § 1331 and Bivens v. Six
Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971).
On August 4, 2014, Magistrate Judge Boyd N. Boland reviewed Mr. White’s filing
and determined that it was deficient. Magistrate Judge Boland directed Plaintiff to
submit a Prisoner Complaint on the court-approved form. Magistrate Judge Boland
warned Plaintiff in the August 4 Order that failure to cure the deficiency noted would
result in dismissal of this action without further notice.
Mr. White has failed to comply with the August 4 Order. He has not filed any
documents in this action since July 22, 2104. 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, Justin White, to
comply with the August 4, 2014 Order Directing Plaintiff to Cure Deficiencies. 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. White files a notice of appeal
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

17th

day of

September

BY THE COURT:

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

2

, 2014.