Anwar v. Universal Music Group et al

Filing 6

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 1/12/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-03209-GPG
AZFAR JADOON ANWAR,
Plaintiff,
v.
UNIVERSAL MUSIC GROUP, and
SONY MUSIC,
Defendants.

ORDER OF DISMISSAL

Plaintiff Azfar J. Anwar currently resides in Denver, Colorado. Plaintiff initiated
this action by filing pro se a Complaint and an Application to Proceed in District Court
Without Prepayment of Fees or Costs. Magistrate Gordon P. Gallagher granted the
Application on December 3, 2014. Magistrate Judge Gallagher then reviewed the
merits of the Complaint and found that the Complaint failed to comply with Fed. R. Civ.
P. 8. Plaintiff was directed to amend the complaint, state proper jurisdiction, and assert
how each named defendant participated in violating his legal rights. Magistrate Judge
Gallagher warned Plaintiff that if he failed to comply with the Order to Amend within the
time allowed the Court would dismiss the action without further notice.
Plaintiff now has failed to comply with the Court’s December 3, 2014 Order within
the time allowed. The Court finds Magistrate Judge Gallagher correctly determined that
Plaintiff failed to comply with Rule 8 and required him to amend the Complaint. The
Court, therefore, will dismiss the action for failure to comply with a Court order and to
prosecute.

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 paupers status is denied
for the purpose of appeal. See Coppedge v. United States, 369 U.S. 438 (1962). If
Plaintiff files a notice of appeal he must also pay the full $505 appellate filing fee or file a
motion to proceed in forma pampers in the Tenth Circuit within thirty days in accordance
with Fed. R. App. P. 24. Accordingly, it is
ORDERED that the Complaint and action are dismissed without prejudice
pursuant to Fed. R. Civ. P. 41(b) for failure to file an Amended Complaint and for failure
to prosecute. It is
FURTHER ORDERED that leave to proceed in forma pampers on appeal is
denied.
DATED at Denver, Colorado, this

12th

day of

January

, 2015.

BY THE COURT:

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

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