Stradley v. No Named Defendant

Filing 15

ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 5/14/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00175-GPG
DAVID STRADLEY,
Plaintiff,
v.
[NO DEFENDANTS NAMED],
Defendants.

ORDER OF DISMISSAL

Plaintiff, David Stradley, is an inmate at the Boulder County Jail in Boulder,
Colorado. Mr. Stradley initiated this action by filing pro se a letter (ECF No. 1)
complaining about the medical care he has received while in custody. The instant
action was commenced and, on January 27, 2015, Magistrate Judge Gordon P.
Gallagher entered an order directing Mr. Stradley to cure certain deficiencies if he
wished to pursue his claims. Specifically, Magistrate Judge Gallagher directed Mr.
Stradley to file a Prisoner Complaint and either to pay filing and administrative fees
totaling $400.00 or to file a Prisoner’s Motion and Affidavit for Leave to Proceed
Pursuant to 28 U.S.C. § 1915 along with a certified copy of his inmate trust fund
account statement and an authorization to calculate and disburse filing fee payments.
Mr. Stradley was warned that the action would be dismissed without further notice if he
failed to cure these deficiencies within thirty days.
On February 23, 2015, Mr. Stradley filed a letter (ECF No. 6) requesting an
extension of time to cure the deficiencies. On February 24, 2015, Magistrate Judge

Gallagher entered a minute order (ECF No. 7) granting Mr. Stradley an extension of
time until March 27, 2015, to cure the deficiencies. Magistrate Judge Gallagher also
reminded Mr. Stradley that the action would be dismissed without further notice if he
failed to cure all of the deficiencies within the time allowed.
On March 4, 2015, Mr. Stradley filed a letter (ECF No. 8) requesting the forms
necessary to cure the deficiencies. On March 5, 2015, Magistrate Judge Gallagher
entered a minute order (ECF No. 9) granting the request and directing the clerk of the
Court to mail to Mr. Stradley blank copies of the necessary forms.
On March 10, 2015, Mr. Stradley filed a letter (ECF No. 11) stating he is having a
difficult time obtaining a copy of his trust fund account statement and complaining about
his medical treatment. On March 31, 2015, Magistrate Judge Gallagher entered a
minute order (ECF No. 12) advising Mr. Stradley that he must cure all of the other
deficiencies even if he is unable to obtain a certified copy of his inmate trust fund
account statement and granting Mr. Stradley an extension of time until April 20, 2015, to
cure the deficiencies. Magistrate Judge Gallagher also reiterated the deficiencies Mr.
Stradley must cure and he reminded Mr. Stradley that the action would be dismissed
without further notice if he failed to cure all of the deficiencies within the time allowed.
On April 13, 2015, Mr. Stradley filed a letter (ECF No. 13) requesting an
extension of time. On April 24, 2015, Magistrate Judge Gallagher entered a minute
order (ECF No. 14) granting Mr. Stradley an extension of time until May 5, 2015, to cure
the deficiencies. Magistrate Judge Gallagher again reiterated the deficiencies Mr.
Stradley must cure and he reminded Mr. Stradley that the action would be dismissed
without further notice if he failed to cure all of the deficiencies within the time allowed.
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Mr. Stradley has not filed a Prisoner Complaint and he has failed either to pay
the required filing and administrative fees or to file a properly supported Prisoner’s
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915. Therefore, the
action will be dismissed without prejudice for failure to cure the deficiencies within the
time allowed. 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. Stradley 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 14th day of

May , 2015.

BY THE COURT:

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

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