Hargrove v. No Named Defendant
ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 2/12/15. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00017-GPG
[NO DEFENDANTS NAMED],
ORDER OF DISMISSAL
Plaintiff, Mez Hargrove, is a detainee at the Colorado Mental Health Institute at
Pueblo, Colorado. Mr. Hargrove initiated this action by filing pro se a letter to the Court
(ECF No. 1) stating he intends to pursue a claim or claims regarding the conditions of
his confinement. This civil action was commenced and, on January 6, 2015, Magistrate
Judge Gordon P. Gallagher entered an order directing Mr. Hargrove to cure certain
deficiencies if he wished to pursue any claims. Specifically, Magistrate Judge Gallagher
directed Mr. Hargrove to file on the proper form a Prisoner Complaint and either to pay
filing and administrative fees totaling $400.00 or to file a properly supported Prisoner’s
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915. Mr. Hargrove
was warned that the action would be dismissed without further notice if he failed to cure
the deficiencies within thirty days.
Mr. Hargrove 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 6 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 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. Hargrove 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 12th
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court
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