Crosby v. No Named Respondent
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. No certificate of appealability will issue. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-03499-GPG
WAYNE LESLIE CROSBY, JR.,
[NO RESPONDENT NAMED],
ORDER OF DISMISSAL
Applicant, Wayne Leslie Crosby, Jr., is an inmate at the Mesa County Jail in
Grand Junction, Colorado. Mr. Crosby initiated this action by filing pro se a letter to the
Court (ECF No. 1) apparently challenging a United States Marshal hold. The instant
habeas corpus action was commenced and, on January 5, 2015, Magistrate Judge
Gordon P. Gallagher entered an order directing Mr. Crosby to cure certain deficiencies if
he wished to pursue any claims. Specifically, Magistrate Judge Gallagher ordered Mr.
Crosby to file an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241
and either to pay the $5.00 filing fee for a habeas corpus action or to file a properly
supported Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. §
1915 in a Habeas Corpus Action. Mr. Crosby was warned that the action would be
dismissed without further notice if he failed to cure the deficiencies within thirty days.
Mr. Crosby has failed to cure the deficiencies within the time allowed and he has
failed to respond in any way to Magistrate Judge Gallagher’s January 5 order.
Therefore, the action will be dismissed without prejudice for failure to cure the
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 Applicant 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. Crosby failed to cure the
deficiencies as directed. It is
FURTHER ORDERED that no certificate of appealability will issue because
Applicant has not made a substantial showing of the denial of a constitutional right. 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
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?