Maxton 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 10/9/14. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-02465-BNB
THERON MAXTON,
Plaintiff,
v.
[NO DEFENDANTS NAMED],
Defendants.

ORDER OF DISMISSAL

Plaintiff, Theron Maxton, is a federal prisoner in Colorado. Mr. Maxton initiated
this action by filing pro se a letter requesting a court order directing the United States
Marshal to take him to an outside doctor to obtain eye glasses. This civil action was
commenced and, on September 5, 2014, Magistrate Judge Boyd N. Boland entered an
order directing Mr. Maxton to cure certain deficiencies if he wished to pursue any
claims. Specifically, Magistrate Judge Boland directed Mr. Maxton 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. Maxton was warned that the action would
be dismissed without further notice if he failed to cure the deficiencies within thirty days.
Mr. Maxton has failed to cure the deficiencies within the time allowed and has
failed to respond in any way to Magistrate Judge Boland’s September 5 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 action is dismissed without prejudice pursuant to Rule 41(b)
of the Federal Rules of Civil Procedure because Mr. Maxton 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

9th

day of

October

, 2014.

BY THE COURT:

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

2