Robledo-Valdez v. Tidemann et al
ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 1/7/15. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-03123-GPG
BRIAN KIRK, and
6 UNKNOWN CELL EXTRACTION TEAM MEMBERS,
ORDER OF DISMISSAL
Plaintiff, Craig Robledo-Valdez, who does not appear to be a prisoner, initiated
this action by filing pro se a “Prisoner Complaint” (ECF No. 1) claiming his rights were
violated while he was incarcerated. On November 20, 2014, Magistrate Judge Gordon
P. Gallagher entered an order directing Mr. Robledo-Valdez to cure certain deficiencies
if he wished to pursue his claims. Specifically, Magistrate Judge Gallagher directed Mr.
Robledo-Valdez to file on the proper, nonprisoner form a Complaint and either to pay
filing and administrative fees totaling $400.00 or to file an Application to Proceed in
District Court Without Prepaying Fees or Costs (Long Form). Mr. Robledo-Valdez was
warned that the action would be dismissed without further notice if he failed to cure the
deficiencies within thirty days.
Mr. Robledo-Valdez 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 20
order. Therefore, the action will be dismissed without prejudice for failure to cure the
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 “Prisoner 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. Robledo-Valdez 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
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court
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