Hilts v. No Named Defendant

Filing 7

ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 3/12/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-03446-GPG
JAHEEM RASHON MARCUS ANTHONY HILTS,
Plaintiff,
v.
[NO DEFENDANTS NAMED],
Defendants.

ORDER OF DISMISSAL

Plaintiff, Jaheem Rashon Marcus Anthony Hilts, initiated this action by filing pro
se a document (ECF No. 1) he described as a complaint. On January 5, 2015,
Magistrate Judge Gordon P. Gallagher entered an order directing 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 and Affidavit for
Leave to Proceed 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 16, 2015, Mr. Hilts filed a letter (ECF No. 5) requesting an extension
of time to cure the deficiencies and advising the Court of his new address at the
Colorado Mental Health Institute at Fort Logan. Also on January 16, Magistrate Judge
Gallagher entered a minute order (ECF No. 6) granting the request for an extension of

time and directing Mr. Hilts to cure the deficiencies on or before March 6, 2015. Mr.
Hilts again was warned 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 since his request for an extension of time
was filed 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

2

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

12th

day of

March

, 2015.

BY THE COURT:

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

3