Fisher v. No Named Defendants

Filing 5

ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 12/22/14. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-03062-GPG
AARON FISHER,
Plaintiff,
v.
[NO DEFENDANTS NAMED],
Defendants.

ORDER OF DISMISSAL

Plaintiff, Aaron Fisher, is an inmate at the Denver County Jail in Denver,
Colorado. Mr. Fisher submitted to the Court pro se a document titled “Notice of Intent”
(ECF No. 1) stating he intends to file a lawsuit in federal court. This civil action was
commenced and, on November 15, 2014, Magistrate Judge Gordon P. Gallagher
entered an order directing Mr. Fisher to cure certain deficiencies if he wished to pursue
any claims. Specifically, Magistrate Judge Gallagher directed Mr. Fisher to file on the
proper form a Prisoner Complaint and either to pay filing and administrative fees totaling
$400.00 or to file a properly supported Prisoner’s Motion and Affidavit for Leave to
Proceed Pursuant to 28 U.S.C. § 1915. Mr. Fisher was warned that the action would be
dismissed without further notice if he failed to cure the deficiencies within thirty days.
Mr. Fisher has failed to cure the deficiencies within the time allowed and he has
failed to respond in any way to Magistrate Judge Gallagher’s November 15 order.
Therefore, the action will be dismissed without prejudice for failure to cure the

deficiencies.
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 action is dismissed without prejudice pursuant to Rule 41(b)
of the Federal Rules of Civil Procedure because Mr. Fisher failed to cure the
deficiencies as directed. 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 22nd day of

December , 2014.

BY THE COURT:

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

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