Petty v. No Named Defendant

Filing 6

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 11/10/14. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02644-BNB
ISHMAEL PETTY,
Plaintiff,
v.
[NO NAMED DEFENDANT],
Defendant.

ORDER OF DISMISSAL

Plaintiff Ishmael Petty is in the custody of the Federal Bureau of Prisons and
currently is incarcerated at the United States Penitentiary in Florence, Colorado.
Plaintiff initiated this action by filing pro se a Letter. In the Letter, Plaintiff challenges the
conditions of his confinement. On September 25, 2014, Magistrate Judge Boyd N.
entered an order that construed the Letter as a prisoner complaint and directed Plaintiff
to cure certain deficiencies. Specifically, Plaintiff was instructed either to submit a
request to proceed pursuant to 28 U.S.C. § 1915 or in the alternative to pay the $400
filing fee in full. Plaintiff also was directed to file his claims on a proper Court-approved
form used in filing prisoner complaints. Magistrate Judge Boland warned Plaintiff that
the action would be dismissed without further notice if he failed to cure the deficiencies
within thirty days.
Rather than cure the deficiencies, Plaintiff filed a request for appointment of
counsel to assist him with this action. Magistrate Judge Boland denied the request
because the issues are not so complex that Plaintiff is unable to comply with the Order
to Cure Deficiencies. Because Plaintiff now has failed to comply with the July 25, 2014
Order, within the time allowed, the action will be dismissed without prejudice for failure

to cure the deficiencies.
The Court 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 Plaintiff
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 Complaint and action are 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 all pending motions are denied as moot.
DATED at Denver, Colorado, this

10th

day of

November

BY THE COURT:

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

2

, 2014.