Johnson Jr. v. Silver et al

Filing 21

ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 2/20/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-02826-GPG
CHARLES JOHNSON, JR.,
Plaintiff,
v.
LELAND SILVER, Aurora Police,
JOHN DOE 1, Aurora Police,
JOHN DOE 2, Aurora Police,
KIM HURT, Aurora Medical Supervisor,
TERRY JONES, Aurora Police Chief,
JANE DOE 1, Aurora Intake Nurse,
JOHN DOE 3, Intake Sheriff Aurora,
ESTHER, Division Chief ACDF,
CONNIE WIKOUSION, Medical ACDF,
JANE DOE 3, Intake Nurse ACDF,
JANE DOE 4, Nurse ACDF,
JOHN DOE LPN, ACDF, and
UNIT DEPUTY, ACDF
Defendants.

ORDER OF DISMISSAL

Plaintiff, Charles Johnson, Jr., initiated this action while he was an inmate at the
Denver County Jail in Denver, Colorado, by filing pro se an incomplete Prisoner
Complaint (ECF No. 1). On November 12, 2014, Mr. Johnson filed an amended
Prisoner Complaint (ECF No. 9) asserting three claims for relief pursuant to 42 U.S.C. §
1983. On January 14, 2015, Magistrate Judge Gordon P. Gallagher ordered Mr.
Johnson to file a second amended complaint if he wishes to pursue all three claims in
this action.

On January 30, 2015, the copy of an order granting Mr. Johnson leave to
proceed in forma pauperis that was mailed to him at the Denver County Jail address he
provided was returned to the Court undelivered. The returned envelope appears to be
stamped “RELEASED” and bears a second stamp or sticker that reads “RETURN TO
SENDER, ATTEMPTED – NOT KNOWN, UNABLE TO FORWARD.” (See ECF No.
19.) On February 5, 2015, the copy of Magistrate Judge Gallagher’s January 14 order
that was mailed to Mr. Johnson at the Denver County Jail address he provided also was
returned to the Court undelivered. That returned envelope clearly is stamped
“RELEASED” and also bears a second stamp or sticker that reads “RETURN TO
SENDER, ATTEMPTED – NOT KNOWN, UNABLE TO FORWARD.” (See ECF No.
20.)
Mr. Johnson has not filed a second amended complaint as directed and he has
failed to respond in any way to Magistrate Judge Gallagher’s January 14 order. He also
has failed to file a notice of change of address within five days of any change of address
as required by the Court’s local rules. See D.C.COLO.LAttyR 5(c). Therefore, the
action will be dismissed without prejudice for failure to prosecute and comply with the
Court’s local rules. 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
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ORDERED that the Prisoner Complaint (ECF No. 1), the amended Prisoner
Complaint (ECF No. 9), and the action are dismissed without prejudice pursuant to Rule
41(b) of the Federal Rules of Civil Procedure because Mr. Johnson failed to prosecute
and comply with the Court’s local rules. 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 20th day of

February

, 2015.

BY THE COURT:

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

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