Landa v. No Named Respondent

Filing 9

ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 9/24/14. No certificate of appealability will issue. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02087-BNB
LUIS MIGUEL DORADO LANDA,
Applicant,
v.
[NO NAMED RESPONDENT]
Respondent.

ORDER OF DISMISSAL

Applicant, Luis Miguel Dorado Landa, is an inmate at the Jefferson County
Detention Facility in Golden, Colorado. Mr. Landa initiated this action by filing pro se a
document titled “Information and Instructions for Filing an Application for a Writ of
Habeas Corpus Under 28 U.S.C. § 2254 (Persons in State Custody,” (ECF No. 1) in
which he challenges his incarceration at the Jefferson County Jail. The instant action
was commenced and, on July 29, 2014, Magistrate Judge Boyd N. Boland entered an
order (ECF No. 3) construing the document as a habeas application filed pursuant to 28
U.S.C. § 2241 and directing Mr. Landa to cure certain deficiencies if he wished to
pursue any claims. Specifically, Magistrate Judge Boland ordered Mr. Landa to file an
Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 and either to pay
the $5.00 filing fee for a habeas corpus action or to file a properly supported Prisoner’s
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas
Corpus Action. Mr. Landa was warned that the action would be dismissed without
further notice if he failed to cure the deficiencies within thirty days.

On August 6, 1014, Mr. Landa submitted a Motion for Leave to Proceed Without
the Payment of Costs (in forma pauperis) (ECF No. 4); Petition for a Writ of Habeas
Corpus Ad Prosequendam (ECF No. 5); Motion to Waive Filing Fee (ECF No. 6); and
Motion to Consolidate Sentences (ECF No. 7). On August 14, 2014, Magistrate Judge
Boland found that none of the documents complied with the July 29 Order but granted
Mr. Landa an additional thirty (30) days to file the § 2241 application and § 1915 motion
and affidavit on the court-approved forms. Mr. Landa was warned that failure to comply
would result in dismissal of this action without further notice.
Mr. Landa has failed to cure the deficiencies within the time allowed and has
failed to respond in any way to Magistrate Judge Boland’s August 14 minute order.
Therefore, the action will be dismissed without prejudice for failure to cure the
deficiencies.
Furthermore, 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 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 Applicant files a notice of appeal he also must 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. Accordingly, it is
ORDERED that the action is dismissed without prejudice pursuant to Rule 41(b)
of the Federal Rules of Civil Procedure because Mr. Landa failed to cure the
deficiencies as directed. It is
FURTHER ORDERED that no certificate of appealability will issue because
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Applicant has not made a substantial showing of the denial of a constitutional right. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied without prejudice to the filing of a motion seeking leave to proceed in forma
pauperis on appeal in the United States Court of Appeals for the Tenth Circuit. It is
FURTHER ORDERED that all pending motions are denied as moot.
DATED at Denver, Colorado, this 24th day of

September , 2014.

BY THE COURT:

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

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