Amin v. Falk et al

Filing 19

ORDER dismissing this action without prejudice, and denying leave to proceed in forma paupers on appeal, by Judge Lewis T. Babcock on 10/7/14. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02265-BNB
ABDULLAH KRU AMIN,
Plaintiff,
v.
WARDEN JAMES FALK, SCF,
LT. EVA LITTLE, Asst. Gang Corr., SCF,
LT. RAYMOND COLE, Disciplinary Chair, SCF, and
CAR VOIGTSBERGER, Classification Housing Manager, WYO,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Abdullah Kru Amin, is in the custody of the Colorado Department of
Corrections at the Colorado State Penitentiary in Cañon City, Colorado. Plaintiff
initiated this action by filing pro se a Prisoner Complaint and a Prisoner’s Motion and
Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915. On August 18, 2014,
Magistrate Judge Boyd N. Boland entered an order directing Plaintiff to show cause why
he should not be denied leave to proceed pursuant to § 1915 because he is subject to
filing restrictions under § 1915(g).
Plaintiff filed a Response on August 26, 2014. The Court reviewed the
Response, and in an order entered on August 29, 2014, found that because Plaintiff
failed to assert with any specificity that he is in imminent danger of serious physical
injury and he has filed at least three actions in a federal court that have been dismissed
for failure to state a claim, his § 1915 Motion should be denied. The Court directed
Plaintiff to pay the $400 filing fee in full within thirty days. Plaintiff has failed to comply

with the August 29 Order within the time allowed. The Court, therefore, will dismiss this
action.
Finally, the Court 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) because Plaintiff failed to pay the filing fee in full within
the time allowed. It is
FURTHER ORDERED that leave to proceed in forma paupers on appeal is
denied.
DATED at Denver, Colorado, this

7th

day of

October

, 2014.

BY THE COURT:

s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
UNITED STATES DISTRICT COURT

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