McCoy v. CO Dept of Human Services et al

Filing 18

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 4/9/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00021-GPG
LEILA McCOY, et al.,
Plaintiff,
v.
CO DEPT OF HUMAN SERVICES,
EL PASO COUNTY DEPT. OF HUMAN SERVICES,
ROSLYN HENCE-RANDALL, Individually and in her Professional Capacities, and
SHIRLEY RUDD, Individually and in her Professional Capacity,
Defendants.

ORDER OF DISMISSAL

Plaintiff Leila McCoy currently resides in Colorado Springs , Colorado. Plaintiff,
acting pro se, initiated this action by filing a Complaint. Plaintiff subsequently was
granted leave to proceed pursuant to 28 U.S.C. § 1915. Magistrate Judge Gordon P.
Gallagher then reviewed the merits of the Complaint and found that Plaintiff’s claims do
not comply with Fed. R. Civ. P. 8. Specifically, Plaintiff listed multiple federal statutes
and one state statute as the basis for jurisdiction in this Court but did not set forth
factual allegations addressing how the specific law was violated. Magistrate Judge
Gallagher directed Plaintiff to file an Amended Complaint that states specifically, and in
keeping with the provisions of the law, how her rights and each statute was violated.
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 9, 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 9th

day of

April

, 2015.

BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court

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