Danielson-Grodin, et al v. Raemisch, et al

Filing 40

ORDER Dismissing Complaint in Part by Judge Lewis T. Babcock on 2/17/15. Plaintiffs Mary Danielson-Grodin, Matt Lincoln, and John Demming are dismissed. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02704-GPG
MARY DANIELSON-GRODIN,
MATT LINCOLN,
JOHN DEMMING,
NATHAN YBANEZ,
SIMON SUE,
SAM LINCOLN,
ATORRUS RAINER,
GREG RIVAS,
DWIGHT HAZEL, and
PATRICK SUCHAIYA,
Plaintiffs,
v.
RICH RAEMISCH, In his Official Capacity as Executive Director of the Colorado
Department of Corrections (CDOC),
LOU ARCHULETA, In his Official Capacity as Director of Prisons for CDOC,
THE SCF MAIL ROOM,
THE SCF PUBLICATION REVIEW COMMITTEE,
BERNADETTE SCOTT, In her Official Capacity as Lieutenant of the SCF Mail Room
and in her Individual Capacity,
SCF MAIL ROOM EMPLOYEE "DJ," In his/her Individual Capacity,
MICHELLE NYCZ-HALLIGAN, In her Official Capacity as a Major on the SCF
Publication Review Committee and in her Individual Capacity,
SCF MAIL ROOM EMPLOYEE "PDR," In his/her Individual Capacity,
IRIS CHRISTIANS, In her Individual Capacity,
SCF MAIL ROOM EMPLOYEE "Z SMITH," In his/her Individual Capacity,
UNKNOWN CDOC PUBLICATION REVIEW COMMITTEE,
UNKNOWN ADMINISTRATIVE HEAD,
RANDY OLGUIN, In his Individual Capacity,
PAMELA J. PLOUGHE, In her Individual Capacity,
BUENA VISTA CORRECTIONAL CENTER PUBLICATION REVIEW COMMITTEE,
WILLIAM BRUNELL, In his Individual Capacity,
ANGEL MEDINA, In his Individual Capacity,
SCF CORRECTIONAL OFFICER OCHOA, In her Individual Capacity,
SCF SERGEANT ROBERT HRADECKY, In his Individual Capacity,
ANDRIES PRINSLOO, In his Individual Capacity, and
JOHN CHAPDELAINE, In his Individual Capacity,
Defendants.

ORDER DISMISSING COMPLAINT IN PART

In the October 14, 2014 Order to Cure Deficiencies, Plaintiffs Mary DanielsonGrodin, Matt Lincoln, and John Demming were directed to file a Motion and Affidavit for
Leave to Proceed Pursuant to 28 U.S.C. § 1915 Court-approved form that is used by
nonprisoners, since they are not incarcerated; and if they desire to proceed in forma
pauperis. Although Plaintiffs Danielson-Grodin, Lincoln, and Demming failed to comply
with the October 14 Order, within the time allowed, Magistrate Judge Gordon P.
Gallagher entered an order on December 17, 2014, allowing them an additional thirty
days to comply. Plaintiffs Danielson-Grodin, Lincoln, and Demming were warned that
the action would be dismissed without further notice if they failed to comply with the
December 17 Order within the time allowed.
Plaintiffs Danielson-Grodin, Lincoln, and Demming now have failed to
communicate with the Court, and as a result they have failed to cure the deficiencies
pertaining to them within the time allowed. These Plaintiffs, therefore, will be dismissed
from this action. Accordingly, it is
ORDERED that Plaintiffs Mary Danielson-Grodin, Matt Lincoln, and John
Demming are dismissed from the instant action for failure to comply with the December
17, 2014 Order within the time allowed.
DATED at Denver, Colorado, this

17th day of

February

, 2015.

BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court
2