Lares v. No Named Respondents

Filing 6

ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 1/12/15. No certificate of appealability will issue, and 3 Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas Corpus Action is denied as moot. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-03254-GPG
LUIS A. LARES, JR.,
Applicant,
v.
[NO RESPONDENTS NAMED],
Respondents.

ORDER OF DISMISSAL

Applicant, Luis A. Lares, Jr., initiated this action by filing pro se an Application for
a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 (ECF No. 1), a Prisoner’s
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas
Corpus Action (ECF No. 3), and a motion for appointment of counsel (ECF No. 4). On
December 2, 2014, Magistrate Judge Gordon P. Gallagher entered an order directing
Mr. Lares to cure certain deficiencies if he wished to pursue any claims and denying the
motion for appointment of counsel as premature. Regarding the deficiencies,
Magistrate Judge Gallagher specifically noted that Mr. Lares failed to submit a
certificate showing the balance in his inmate account in support of the 28 U.S.C. § 1915
motion and that the application did not list any Respondents or assert any claims for
relief. Mr. Lares was warned that the action would be dismissed without further notice if
he failed to cure the deficiencies within thirty days.
Mr. Lares has failed to cure the deficiencies within the time allowed and he has

failed to respond in any way to Magistrate Judge Gallagher’s December 2 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 Applicant 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 Application for a Writ of Habeas Corpus Pursuant to 28
U.S.C. § 2254 (ECF No. 1) is denied and the action is dismissed without prejudice
pursuant to Rule 41(b) of the Federal Rules of Civil Procedure because Mr. Lares failed
to cure the deficiencies as directed. It is
FURTHER ORDERED that no certificate of appealability will issue because
Applicant has not made a substantial showing of the denial of a constitutional right. 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. It is

2

FURTHER ORDERED that the Prisoner’s Motion and Affidavit for Leave to
Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas Corpus Action (ECF No. 3) is
denied as moot.
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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