Fair v. Sheetmetal Workers Local 9 et al

Filing 6

ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 11/6/14. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-02673-BNB
BRANDON ALLAN FAIR,
Plaintiff,
v.
SHEETMETAL WORKERS LOCAL 9, and
HEATING & PLUMBING ENGINEERS,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Brandon Allan Fair, initiated this action by filing pro se a Title VII
Complaint (ECF No. 1). On October 1, 2014, Magistrate Judge Boyd N. Boland ordered
Mr. Fair to file an amended complaint that complies with the pleading requirements of
Rule 8 of the Federal Rules of Civil Procedure. Mr. Fair was warned that the action
would be dismissed without further notice if he failed to file an amended complaint
within thirty days.
Mr. Fair has failed to file an amended complaint that complies with the pleading
requirements of Rule 8 within the time allowed and he has failed to respond in any way
to Magistrate Judge Boland’s October 1 order. Therefore, the action will be dismissed
without prejudice for failure to prosecute and comply with a court order.
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 Title VII Complaint (ECF No. 1) and the action are dismissed
without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure
because Mr. Fair failed to prosecute and comply with a court order. 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

6th

day of

November

, 2014.

BY THE COURT:

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

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