Evans v. No Named Defendants

Filing 4

ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 2/11/15. (dkals, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 14-cv-03492-GPG SAMMIE R. EVANS, Plaintiff, v. [NO NAMED DEFENDANT], Defendant. ORDER OF DISMISSAL Plaintiff, Sammie R. Evans, is an inmate currently detained at the Arapahoe County Detention Facility in Centennial, Colorado. Mr. Evans initiated this action by filing pro se a document he called a “brief statement” discussing his medical issues while incarcerated at the detention facility. (See ECF No. 1) On December 31, 2014, Magistrate Judge Gordon P. Gallagher entered an order directing Mr. Evans to cure certain deficiencies if he wished to pursue his claims in this action. Specifically, Magistrate Judge Gallagher directed Mr. Evans to file a Prisoner Complaint and either to pay filing and administrative fees totaling $400.00 or to file a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 along with a certified copy of his inmate trust fund account statement. Mr. Evans was warned that the action would be dismissed without further notice if he failed to cure these deficiencies within thirty days. Mr. Evans has not filed a Prisoner Complaint and has failed either to pay the required filing and administrative fees or to file a properly supported Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915. Therefore, the action will be dismissed without prejudice for failure to cure the deficiencies within the time allowed and for failure to prosecute. 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 action is dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure because Mr. Evans 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 11th day of February , 2015. BY THE COURT: s/Lewis T. Babcock LEWIS T. BABCOCK, Senior Judge United States District Court 2

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