Jones v. No Named Respondent
ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 10/22/14. No certificate of appealability shall issue. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02155-BNB
TED R. JONES,
[NO NAMED RESPONDENT]
ORDER OF DISMISSAL
Applicant, Ted R. Jones, currently is detained at the Delta County Jail in Delta,
Colorado. Applicant originally submitted three hand-written kites to the Delta District
Court to be delivered to Magistrate Judge Boyd N. Boland. On August 1, 2014, the
Delta Court forwarded the three kites to this Court. Magistrate Judge Boland reviewed
the kites, determined Applicant is attempting to challenge his pretrial detention, and
construed the action as filed pursuant to 28 U.S.C. § 2241.
On August 7, 2014, Magistrate Judge Boland directed Applicant to cure certain
deficiencies if he wished to pursue his claims. Specifically, Magistrate Judge Boland
told Applicant either to submit a proper Prisoner’s Motion and Affidavit for Leave to
Proceed Pursuant to 28 U.S.C. § 1915 used in filing habeas actions and a certificate
showing the current balance in his prison account, or in the alternative to pay the $5.00
filing fee. Magistrate Judge Boland also directed Applicant to file his claims on a Courtapproved from used in filing § 2241 actions. Magistrate Judge Boland warned Applicant
that the action would be dismissed without further notice if he failed to cure the
deficiencies within thirty days.
On August 13 and 15, 2014, Applicant filed pleadings that generally are
incomprehensible and nonresponsive to the August 7 Order. Magistrate Judge Boland
entered a Minute Order on September 12, 2014, that again directed Petitioner to obtain
the correct forms from a case manager or facility legal assistant to file a request to
proceed pursuant to 28 U.S.C. § 1915, if he desires to proceed in forma pauperis, and
to file a § 2241 action. The September 12 Minute Order also allowed Applicant an
additional thirty days to comply.
Applicant has failed to communicate with the Court since September 12 and has
failed to cure the deficiencies within the time allowed. Therefore, the action will be
dismissed without prejudice for failure to cure all noted deficiencies.
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 is denied
for the purpose of appeal. See Coppedge v. United States, 369 U.S. 438 (1962). If
Applicant 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 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 Fed. R. Civ.
P. 41(b) for failure to cure the deficiencies and for failure to prosecute. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied. It is
FURTHER ORDERED that no certificate of appealability shall issue because
Applicant has failed to show that jurists of reason would find it debatable that the district
court was correct in its procedural ruling. See Slack v. McDaniel, 529 U.S. 473, 484-85
(2000). It is
FURTHER ORDERED that all pending motions are denied as moot.
DATED at Denver, Colorado, this 22nd
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court
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