Smothers v. State of Colorado et al
ORDER dismissing this action without prejudice, and denying 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. 15-cv-00003-GPG
HEATHER IRENE SMOTHERS,
STATE OF COLORADO,
DENVER POLICE DEPARTMENT,
CITY AND COUNTY OF DENVER,
BIRTH FAMILY (If involved, were disalected [sic] 30 Yrs Ago),
SHEILA CATHERINE SMOTHERS & FAMILY, All Parties and Individuals Who
Became Involved in this Case as Their [sic] are Many, Too Many to List, Too
Many Responsible Parties Too [sic] List,
ORDER OF DISMISSAL
Plaintiff Heather Irene Smothers currently resides in Denver, Colorado. Plaintiff
initiated this action by filing pro se a Complaint and an Application to Proceed in District
Court Without Prepayment of Fees or Costs. Magistrate Judge Gordon P. Gallagher
granted the Application on January 2, 2015. Magistrate Judge Gallagher then reviewed
the merits of the Complaint and found that the Complaint failed to comply with Fed. R.
Civ. P. 8., because Plaintiff failed to set forth a short and plain statement of her claims
showing that she is entitled to relief.
Magistrate Judge Gallagher also found that the allegations are prolix and
unintelligible and that Plaintiff failed to complete the Jurisdiction section of the Complaint
form and state the basis for jurisdiction in this Court. Magistrate Judge Gallagher
warned Plaintiff that if she failed to comply with the Order to Amend within the time
allowed the Court would dismiss the action without further notice.
On January 16, 2015, Plaintiff filed a Letter, ECF No. 6, in which she asserts
more prolix and unintelligible claims that are an alleged narrative of events of her life.
The Letter does not comply with the January 4, 2015 Order, and Plaintiff does not state
in the Letter that she is unable to comply with the Court’s January 4 Order or that she
needs additional time to do so. Plaintiff, therefore, has failed to comply with the Court’s
January 4 Order to Amend within the time allowed.
The Court finds Magistrate Judge Gallagher correctly determined that Plaintiff
failed to comply with Rule 8 and required her to amend the Complaint. Because Plaintiff
now has failed to comply with the January 4, 2015 Order within the time allowed and
fails to assert a reason why she is unable to do so, the Court will dismiss the action for
failure to comply with a Court order and to prosecute.
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 paupers status is denied
for the purpose of appeal. See Coppedge v. United States, 369 U.S. 438 (1962). If
Plaintiff files a notice of appeal she must also pay the full $505 appellate filing fee or file
a motion to proceed in forma pampers in 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 file a properly Amended Complaint within
the time allowed and for failure to prosecute. It is
FURTHER ORDERED that leave to proceed in forma pampers on appeal is
DATED at Denver, Colorado, this 11th
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court
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