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, )

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

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