McCoy v. Colorado Springs Police Dept. et al

Filing 20

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 4/7/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 15-cv-00018-GPG
LEILA McCOY, Individually, and
NEXT FRIEND to EC, CC, LC, and JCM,
Plaintiff,
v.
COLORADO SPRINGS POLICE DEPT.,
OFC. RICHARDSON, Individually and Professional Capacities,
OFC. PARKS, Individually and Professional Capacities,
SGT. LEDBETTER, Individually and Professional Capacities,
Defendants.

ORDER OF DISMISSAL

Plaintiff Leila McCoy currently resides in Colorado Springs , Colorado. Plaintiff
initiated this action by filing pro se a Complaint. Plaintiff subsequently was granted
leave to proceed pursuant to 28 U.S.C. § 1915. Magistrate Judge Gallagher then
reviewed the merits of the Complaint and found that Plaintiff’s claims are conclusory
and vague and directed Plaintiff to file an amended complaint that shows how a named
defendant caused a deprivation of a federal right for purposes of 42 U.S.C. § 1983 and
that properly asserts a claim pursuant to the American with Disabilities Act (42 U.S.C.
§ 12101 and 29 U.S.C. § 701). 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.

Because Plaintiff now has failed to comply with the March 6, 2015 Order within
the time allowed or failed to inform the Court 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 an 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
denied.
DATED at Denver, Colorado, this 7th

day of

April

, 2015.

BY THE COURT:

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

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