Mallett v. Samuels et al

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 10/27/14. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-02589-BNB
DAWANE A. MALLETT,
Plaintiff,
v.
CHARLES E. SAMUELS,
J. COULTER,
PAUL ZOHN, and
J. MARTINEZ,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Dawane A. Mallett, is a federal prisoner in Colorado. Mr. Mallett initiated
this action by filing pro se in the United States District Court for the District of Columbia
a Complaint for Violation of Civil Rights (ECF No. 1-1) and a motion seeking leave to
proceed in forma pauperis pursuant to 28 U.S.C. § 1915 (ECF No. 1-3). On September
18, 2014, the action was transferred to the District of Colorado. On September 19,
2014, Magistrate Judge Boyd N. Boland ordered Mr. Mallett to cure certain deficiencies
if he wished to pursue his claims. Specifically, Magistrate Judge Boland ordered Mr.
Mallett to file on the proper forms a Prisoner Complaint and a Prisoner’s Motion and
Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 along with a certified copy
of his inmate trust fund account statement. Mr. Mallett was warned that the action
would be dismissed without further notice if he failed to cure the deficiencies within thirty
days.

Mr. Mallett has failed to cure the deficiencies within the time allowed and he has
failed to respond in any way to Magistrate Judge Boland’s September 19 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. Mallett 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

27th

day of

October

, 2014.

BY THE COURT:

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

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