Blackfeather v. No Named Defendant

Filing 4

ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 9/17/14. 1 "Motion to Initiate Lawsuit . . ." is denied. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-02212-BNB
MICAH J. BLACKFEATHER,
Plaintiff,
v.
[NO DEFENDANT NAMED],
Defendant.

ORDER OF DISMISSAL

Plaintiff, Micah J. Blackfeather, initiated this action by filing pro se a document
titled “Motion to Initiate Lawsuit . . .” (ECF No. 1) in which he indicates that he seeks to
file a lawsuit for damages based on alleged violations of his constitutional rights. This
civil action was commenced and, on August 8, 2014, Magistrate Judge Boyd N. Boland
entered an order directing Mr. Blackfeather to cure certain deficiencies if he wished to
pursue any claims. Specifically, Magistrate Judge Boland directed Mr. Blackfeather to
file on the proper form a Prisoner Complaint and either to pay filing and administrative
fees totaling $400.00 or to file a properly supported Prisoner’s Motion and Affidavit for
Leave to Proceed Pursuant to 28 U.S.C. § 1915. Mr. Blackfeather was warned that the
action would be dismissed without further notice if he failed to cure the deficiencies
within thirty days.
Mr. Blackfeather has failed to cure the deficiencies within the time allowed and
has failed to respond in any way to Magistrate Judge Boland’s August 8 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 Plaintiff 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 “Motion to Initiate Lawsuit . . .” (ECF No. 1) is denied and the
action is dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil
Procedure because Mr. Blackfeather failed to cure the deficiencies as directed. 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.
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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