Davis v. Pueblo County Sheriffs Department Jail, The

Filing 8

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 4/16/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-03498-GPG
LAMAR DELRAY DAVIS,
Plaintiff,
v.
THE PUEBLO COUNTY SHERIFF’S DEPARTMENT JAIL,
Defendant.

ORDER OF DISMISSAL

Plaintiff Lamar Delray Davis currently is detained at the Pueblo County Detention
Center in Pueblo, Colorado. Plaintiff initiated this action by filing pro se a Complaint
form on which he asserts condition of confinement claims and a nonprisoner 28 U.S.C.
§ 1915 Motion and Affidavit form. In an order entered on December 31, 2014,

Magistrate Judge Gordon P. Gallagher told Plaintiff that if he intends to pursue an action
he must cure certain deficiencies. Specifically, Magistrate Judge Gallagher directed
Plaintiff to file his claims on a proper Court-approved form (Prisoner Complaint form)
that is used when a detainee challenges the conditions of his confinement and to
submit a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C.
§ 1915. Magistrate Judge Gallagher warned Plaintiff that the action would be
dismissed without further notice if he failed to cure the deficiencies within thirty days.
On February 25, 2015, Plaintiff filed a Prisoner Complaint and a proper § 1915
Motion. He, however, did not include a properly certified prisoner account statement.
Nonetheless, Magistrate Judge Gallagher entered a minute order on March 10, 2015,

that allowed Plaintiff an additional fourteen days to submit a complete and properly
dated and signed § 1915 Motion. The fourteen days now has run. Plaintiff has not
communicated with the court. The Court, therefore, will dismiss the action.
The Court also certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from
this Order is not 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 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 action are dismissed without prejudice
pursuant to Fed. R. Civ. P. 41(b) for failure to comply with the February 14, 2015 Order,
within the time allowed, and for failure to prosecute. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied. It is
FURTHER ORDERED that all pending motions are denied.
DATED at Denver, Colorado, this 16th

day of

April

, 2015.

BY THE COURT:

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

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