Cross, Jr. v. State of Colorado

Filing 5

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 3/6/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 15-cv-00183-GPG
ELMER L. CROSS, JR.,
Plaintiff,
v.
STATE OF COLORADO, working for an unknown, unnamed Federal Agency,
Defendant.

ORDER OF DISMISSAL

Plaintiff, Elmer J. Cross, Jr., currently resides in Denver, Colorado. He initiated
this action on January 27, 2015 by submitting pro se a Prisoner Complaint (ECF No. 1)
pursuant to 28 U.S.C. § 1343 and 42 U.S.C. § 1983.
On January 28, 2015, Magistrate Judge Gordon P. Gallagher entered an order
directing Mr. Cross to cure certain deficiencies if he wished to pursue his claims in this
action. Specifically, Magistrate Judge Gallagher directed Mr. Cross either to pay the
filing and administrative fees totaling $400.00 or to submit on the court-approved form
an Application to Proceed in District Court Without Prepaying Fees or Costs (Long
Form). Magistrate Judge Gallagher also ordered Mr. Cross to submit a Complaint on
the Court-approved form for nonprisoners. Mr. Cross was warned that the action would
be dismissed without further notice if he failed to cure the deficiencies within thirty days.
On March 2, 2015, the copy of the January 28 Order Directing Plaintiff to Cure
Deficiencies (ECF No. 3) that was sent to Mr. Cross was returned to the Court as
undeliverable. (See ECF No. 4).

Mr. Cross has failed to cure the deficiencies within the time allowed, and he has
failed to communicate with the Court in any way since filing the Prisoner Complaint on
January 27, 2015. The Court, therefore, will dismiss the action for failure to cure the
deficiencies and failure 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 he 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 cure the deficiencies as directed and for
failure to prosecute. It is
FURTHER ORDERED that leave to proceed in forma pampers on appeal is
denied. It is
FURTHER ORDERED that all pending motions are denied as moot.
DATED at Denver, Colorado, this 6th

day of

March

, 2015.

BY THE COURT:

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

2