Monsivais v. Dish Network
ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 1/28/15. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-03432-GPG
ORDER OF DISMISSAL
Plaintiff, Delia Monsivais, currently resides in Westminister, Colorado. Ms.
Monsivais initiated this action by filing pro se a Complaint and an Application to Proceed
in District Court Without Prepaying Fees or Costs. On December 22, 2014, Magistrate
Judge Gordon P. Gallagher entered an order directing Ms. Monsivais to cure certain
deficiencies if she wished to pursue her claims. Specifically, Magistrate Judge
Gallagher directed Ms. Monsivais to file a complete Application to Proceed in District
Court Without Prepaying Fees or Costs, in which all questions in all sections were
answered and a complete Complaint, in which all sections, including Jurisdiction, Claims
for Relief and Supporting Allegations, and Request for Relief were completed. Ms.
Monsivais was warned that the action would be dismissed without further notice if she
failed to cure these deficiencies within thirty days.
On January 20, 2015, Ms. Monsivais filed a civil cover sheet (ECF No. 5). Ms.
Monsivais has not filed a complete Complaint or a complete Application to Proceed in
District Court Without Prepaying Fees or Costs. 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 she 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 action is dismissed without prejudice pursuant to Rule 41(b)
of the Federal Rules of Civil Procedure because Ms. Monsivais 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. It is
FURTHER ORDERED that any pending motions are denied as moot.
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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