Whittiker v. Block by Block

Filing 7

ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 12/3/14. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-02913-GPG
CHARLES WHITTIKER,
Plaintiff,
v.
BLOCK BY BLOCK,
Defendant.

ORDER OF DISMISSAL

Plaintiff, Charles Whittiker, initiated this action by filing pro se a Title VII
Complaint (ECF No. 1). On October 28, 2014, Magistrate Judge Boyd N. Boland
ordered Mr. Whittiker to file an amended complaint that complies with the pleading
requirements of Rule 8 of the Federal Rules of Civil Procedure. Mr. Whittiker was
warned that the action would be dismissed without further notice if he failed to file an
amended complaint within thirty days.
Mr. Whittiker 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 28 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. Whittiker 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 3rd day of

December

, 2014.

BY THE COURT:

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

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