Moussaoui v. No Named Respondent

Filing 10

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 3/18/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-03179-GPG

ZACARIAS MOUSSAOUI,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

ORDER OF DISMISSAL

Petitioner, Zacarias Moussaoui, is a prisoner at the United States Penitentiary,
Administrative Maximum, in Florence, Colorado. Mr. Moussaoui initiated this action by
filing pro se in the United States District Court for the Eastern District of New York a
petition seeking placement in protective custody. The United States District Court for
the Eastern District of New York construed the petition as a petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2241 and transferred the action to this court.
As part of the court’s review pursuant to D.C.COLO.LCivR 8.1(b), the court
determined that Mr. Moussaoui’s pleadings were deficient. In an order entered on
November 24, 2014, Magistrate Judge Gordon P. Gallagher directed Plaintiff to cure
certain deficiencies if he wished to pursue his claims. Specifically, Magistrate Judge
Gallagher informed Petitioner to file a request to proceed in forma pauperis pursuant to
§ 1915 on proper Court-approved forms or pay the requisite filing fee and further

ordered him to file his petition on the proper Court-approved form. (ECF No. 3). That

Order specifically provides that the action would be dismissed without further notice if
Mr. Moussaoui failed to cure the deficiencies within thirty days.
On January 8, 2015, Petitioner submitted a Motion for an Extension of Time,
which was granted by the Court on January 9, 2015. That Order granted Petitioner until
February 9, 2015 to comply with the Court’s November 24, 2014 Order and specifically
provides that the action would be dismissed without further notice if Mr. Moussaoui
failed to cure the deficiencies within the time allowed. (ECF No. 7).
On February 12, 2015, Petitioner submitted another request for an extension of
time, which was granted by the Court on that same date. That Order granted Petitioner
until March 9, 2015 to comply with the Court’s November 24, 2014 Order and
specifically provides that the action would be dismissed without further notice if Mr.
Moussaoui failed to cure the deficiencies within the time allowed. (ECF No. 9).
Petitioner has failed to cure the deficiencies within the time allowed. Therefore,
the action will be dismissed without prejudice for failure to cure the noted deficiencies.
The Court also certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from
this Order is not taken in good faith, and, therefore, in forma pauperis status is denied
for the purpose of appeal. See Coppedge v. United States, 369 U.S. 438 (1962). If
Petitioner files a notice of appeal he must also pay the full $505 appellate filing fee or
file a motion to proceed in forma pauperis in the Tenth Circuit within thirty days in
accordance with Fed. R. App. P. 24. Accordingly, it is
ORDERED that the Petition and the action are dismissed without prejudice
pursuant to Fed. R. Civ. P. 41(b) for failure to cure the deficiencies and for failure to
prosecute. It is
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FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied.
DATED at Denver, Colorado, this

18th

day of March, 2015.

BY THE COURT:

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

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