Sutton v. No Named Defendant
ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 10/9/14. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02439-BNB
PAUL MICHAEL SUTTON,
[NO NAMED DEFENDANT],
ORDER OF DISMISSAL
Plaintiff, Paul Michael Sutton, is detained at the Adams County Detention Facility.
He initiated this action on September 2, 2014, by filing a Letter with the Court (ECF No.
1) complaining about the conditions of his confinement at the Adams County Detention
Facility. The Court opened this case pursuant to 42 U.S.C. § 1983.
On September 3, 2014, Magistrate Judge Boyd N. Boland reviewed Mr. Sutton’s
filing and determined that it was deficient. Magistrate Judge Boland directed Plaintiff to
submit a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C.
§ 1915 and a Prisoner Complaint on the court-approved forms. Magistrate Judge
Boland advised Plaintiff that he could pay the $400.00 filing fee in lieu of submitting a
§ 1915 motion and affidavit. Magistrate Judge Boland warned Plaintiff in the September
3 Order that failure to cure the deficiencies noted would result in dismissal of this action
without further notice.
Mr. Sutton has failed to comply with the September 3 Order and has not
communicated with the Court since he initiated this action. Accordingly, it is
ORDERED that this action is DISMISSED without prejudice pursuant to Rue
41(b) of the Federal Rules of Civil Procedure for the failure of Plaintiff, Paul Michael
Sutton, to comply with the September 3, 2014 Order Directing Plaintiff to Cure
Deficiencies. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied for the purpose of appeal. 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. See
Coppedge v. United States, 369 U.S. 438 (1962). If Mr. Sutton 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 United States Court of Appeals for the Tenth Circuit within thirty days in
accordance with Fed. R. App. P. 24.
DATED at Denver, Colorado, this 9th
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court
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