Corbitt v. People of the State of Colorado, The

Filing 7

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 9/30/14. No certificate of appealability shall issue. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02324-BNB

MORTIS DEMON CORBITT,
Applicant,
v.
THE PEOPLE OF THE STATE OF COLORADO,
Respondent.

ORDER OF DISMISSAL

On August 20, 2014, Applicant, Mortis Demon Corbitt, initiated this action by
filing pro se a pleading titled “Writ of Habeas Corpus.” At the time Plaintiff filed this
action he was detained at the Weld County Jail in Greeley, Colorado. On August 21,
2014, Magistrate Judge Boyd N. Boland ordered Applicant to submit his claims and a
request to proceed in forma pauperis on Court-approved forms. Applicant was warned
that the action would be dismissed without further notice if he failed to cure the
deficiencies within thirty days.
On September 2, 2014, the envelope in which the Order to Cure Deficiencies
was sent to Applicant was returned to the Court marked “Return to Sender Attempted
Not Know Unable to Forward” and “Return to Sender No Longer in Custody.” Rule
11.1(d) of the Local Rules of Practice of the United States District Court for the District
of Colorado-Civil Rules states that a party must file a notice of a new address within five
days of any change of address. Plaintiff has failed to do so. Because Applicant has
failed to cure the deficiencies within the time allowed and otherwise to communicate

with the Court, the action will be dismissed.
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).
DATED at Denver, Colorado, this 30th

day of

September

, 2014.

BY THE COURT:

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

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