Patterson v. USA

Filing 5

ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 10/8/14. No certificate of appealability will issue, and 3 Motion to Proceed for Leave to Proceed In Forma Pauperis is denied as moot. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-02433-BNB
DEONE TYRONE PATTERSON,
Applicant,
v.
UNITED STATES OF AMERICA,
Respondent.

ORDER OF DISMISSAL

Applicant, Deone Tyrone Patterson, is an inmate at the Mesa County Detention
Facility in Grand Junction, Colorado. Mr. Patterson initiated this action by filing pro se
an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (ECF No. 1)
and a “Motion to Proceed for Leave to Proceed In Forma Pauperis” (ECF No. 3). The
instant action was commenced, and on September 2, 2014, Magistrate Judge Boyd N.
Boland entered an order directing Mr. Patterson to cure certain deficiencies if he wished
to pursue any claims. Magistrate Judge Boland specifically advised Mr. Patterson that
the in forma pauperis motion was not on the proper form, the application was missing
certain pages, and the only proper Respondent is Applicant’s custodian. Mr. Patterson
was warned that the action would be dismissed without further notice if he failed to cure
these deficiencies within thirty days.
Mr. Patterson has failed to cure the deficiencies within the time allowed and has
failed to respond in any way to Magistrate Judge Boland’s September 2 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 Applicant 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 Application for a Writ of Habeas Corpus Pursuant to 28
U.S.C. § 2241 (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. Patterson
failed to cure the deficiencies as directed. It is
FURTHER ORDERED that no certificate of appealability will issue because
Applicant has not made a substantial showing of the denial of a constitutional right. 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. It is

2

FURTHER ORDERED that the Motion to Proceed for Leave to Proceed In Forma
Pauperis (ECF No. 3) is denied as moot.

DATED at Denver, Colorado, this

8th

day of

October

, 2014.

BY THE COURT:

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

3