Hilts v. No Named Defendant

Filing 9

ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 2/23/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-03234-GPG
JAHEEM R. HILTS,
Plaintiff,
v.
[NO DEFENDANTS NAMED],
Defendants.

ORDER OF DISMISSAL

Plaintiff, Jaheem R. Hilts, is a patient at the Colorado Mental Health Institute at
Fort Logan in Denver, Colorado. Mr. Hilts initiated this action by filing pro se a
document (ECF No. 1) he described as a complaint. On December 1, 2014, Magistrate
Judge Gordon P. Gallagher ordered Mr. Hilts to cure certain deficiencies if he wished to
pursue his claims. Specifically, Magistrate Judge Gallagher directed Mr. Hilts to file an
amended complaint on the proper form and either to pay filing and administrative fees
totaling $400.00 or to file a motion seeking leave to proceed in forma pauperis pursuant
to 28 U.S.C. § 1915. Mr. Hilts was warned that the action would be dismissed without
further notice if he failed to cure these deficiencies within thirty days.
On January 5, 2015, and again on January 16, 2015, Magistrate Judge Gallagher
entered minute orders granting Mr. Hilts’ requests for extensions of time to cure the
deficiencies. In the January 16 minute order, Mr. Hilts was granted an extension of time
until February 17, 2015, to cure the deficiencies and he again was advised that the
action would be dismissed without further notice if he failed to cure all of the deficiencies

within the time allowed.
Mr. Hilts has not cured the deficiencies within the time allowed and he has not
communicated with the Court in this action following his last request for an extension of
time on January 16. Therefore, the action will be dismissed without prejudice for failure
to cure the deficiencies within the time allowed. 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 complaint and the action are dismissed without prejudice
pursuant to Rule 41(b) of the Federal Rules of Civil Procedure because Mr. Hilts 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 23rd day of

February

, 2015.

BY THE COURT:

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

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