Whitaker v. Adams County Court

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-02130-BNB
TERRY WAYNE WHITAKER,
Plaintiff,
v.
ADAMS COUNTY COURT, and
ALL LISTED AGENTS,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Terry Wayne Whitaker, resides in Denver, Colorado. Plaintiff initiated
this action by filing pro se a Complaint. In an order entered on August 7, 2014,
Magistrate Judge Boyd N. Boland directed Plaintiff to cure certain deficiencies if he
wished to pursue his claims. Specifically, Magistrate Judge Boland directed Plaintiff to
file his claims on a Court-approved form and either to submit a request to proceed
pursuant to 28 U.S.C. § 1915 or pay the $400 filing fee. Magistrate Judge Boland
warned Plaintiff that the action would be dismissed without further notice if he failed to
cure the deficiencies within thirty days.
Plaintiff has failed to communicate with the Court and has failed to cure the
deficiencies within the time allowed. The Court, therefore, will dismiss the action.
The Court also certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from
this Order is not 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 Plaintiff files a notice of appeal he 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 Complaint and action are dismissed without prejudice
pursuant to Fed. R. Civ. P. 41(b) for failure to comply with the August 7, 2014 Order,
within the time allowed, and for failure to prosecute. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied.
DATED at Denver, Colorado, this 17th

day of

September

, 2014.

BY THE COURT:

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

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