Inskeep v. Wingert et al

Filing 6

ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 2/26/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 15-cv-00095-GPG
BRYAN INSKEEP,
Plaintiff,
v.
SGT. WINGERT (#UNK),
JASON ZWIRN (#1314),
MAJOR RAYMOND BILDERAYA (#3362), and
ANTHONY A. DeCESARO (Grievance Officer),
Defendants.

ORDER OF DISMISSAL

Plaintiff, Bryan Inskeep, is a prisoner in the custody of the Colorado Department
of Corrections. Mr. Inskeep initiated this action by filing pro se a Prisoner Complaint
(ECF No. 1). On January 16, 2015, Magistrate Judge Gordon P. Gallagher ordered Mr.
Inskeep to file an amended complaint that complies with the pleading requirements of
Rule 8 of the Federal Rules of Civil Procedure. Mr. Inskeep was warned that the action
would be dismissed without further notice if he failed to file an amended complaint
within thirty days.
Mr. Inskeep has failed to file an amended complaint that complies with the
pleading requirements of Rule 8 within the time allowed and he has failed to respond in
any way to Magistrate Judge Gallagher’s January 16 order. Therefore, the action will
be dismissed without prejudice for failure to prosecute and comply with a court order.
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 Prisoner Complaint (ECF No. 1) and the action are
dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil
Procedure because Mr. Inskeep failed to prosecute and comply with a court order. 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

26th

day of

February

, 2015.

BY THE COURT:

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

2