Mays v. No Named Defendants

Filing 7

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 3/20/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00083-GPG
MELVIN MAYS,
Plaintiff,
v.
[NO NAMED DEFENDANTS],
Defendant.

ORDER OF DISMISSAL

Plaintiff, Melvin Mays, is a prisoner in the custody of the Federal Bureau of
Prisons currently incarcerated at the United States Penitentiary in Lewisburg,
Pennsylvania. Plaintiff initiated this action by filing pro se a letter (ECF No. 1) alleging a
violation of his constitutional rights.
On January 13, 2015, Magistrate Judge Gordon P. Gallagher entered an order
directing Plaintiff to cure certain deficiencies if he wished to pursue his claims in this
action. Specifically, Magistrate Judge Gallagher directed Plaintiff to submit a Prisoner
Complaint and a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28
U.S.C. § 1915 on the court-approved forms or in the alternative to pay the $400.00 filing
and administrative fees in lieu of submitting the § 1915 motion and supporting documents.

Magistrate Judge Gallagher warned Plaintiff that the action would be dismissed without
further notice if he failed to cure the deficiencies within thirty days.
On February 9, 2015, Plaintiff submitted a motion for extension of time (ECF No.
4) to comply with the January 13 Order. Magistrate Judge Gallagher entered a minute

order on February 10, 2015 granting Plaintiff an additional thirty (30) days from the date
of the Minute Order to cure the deficiencies. Magistrate Judge Gallagher also directed
the clerk of the court to mail to Plaintiff, together with a copy of the Minute Order, blank
copies of the Prisoner Complaint and § 1915 motion and affidavit forms, along with the
applicable instructions.
Plaintiff now has failed to cure the deficiencies noted in the January 13 Order,
within the time allowed. Therefore, the Court will dismiss this action without prejudice
for failure to cure the deficiencies and for failure to comply with a court order.
The Court 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 pauperis 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 he must also pay the full $505.00 appellate filing fee or file a
motion to proceed in forma pauperis in 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 Fed. R. Civ.
P. 41(b) for Plaintiff’s failure to cure the deficiencies and for failure to comply with a
court order. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied. It is

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FURTHER ORDERED that any other pending motions are denied as moot.
DATED at Denver, Colorado, this

20th

day of

March

, 2015.

BY THE COURT:

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

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