Velasquez-Mendoza v. Longshore

Filing 20

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pampers on appeal, by Judge Lewis T. Babcock on 6/19/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 15-cv-00196-GPG
MARIA CRISTINA VELASQUEZ-MENDOZA,
Applicant,
v.
JOHN LONGSHORE, U.S. DHS-ICE,
Respondent.

ORDER OF DISMISSAL

Applicant initiated this action by filing an Application for Writ of Habeas Corpus
Pursuant to 28 U.S.C. § 2241 challenging the ICE’s threat of arrest and deportation
based on Applicant’s failure to attend an asylum proceeding that was held without her
and her counsel being noticed. Magistrate Judge Gordon P. Gallagher reviewed the
Application, determined a preliminary response was necessary, and directed
Respondent to respond and address both jurisdictional issues and exhaustion of
administrative remedies. Respondent filed a Preliminary Response on March 5, 2015.
Counsel then made an appearance on behalf of Applicant on March 26, 2015, and
requested an extension of time to file a Reply, which was granted. Counsel, however,
failed to file a Reply and subsequently withdrew as counsel after the Court entered an
Order to Dismiss in Part and to File Amended Application in Part on May 6, 2015.
In the May 6 Order, the Court dismissed Applicant’s claims challenging the
legality of her reinstated removal order and the conduct of ICE agents when they
threatening to detain her and take her child. Applicant, however, was allowed to amend

the Application and challenge only the requirements of her supervised release as a
violation of her Fifth Amendment due process and/or equal protection rights.
Applicant now has failed to comply with the May 6, 2015 Order within the time
allowed. The Court, therefore, 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
Applicant 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 Application is dismissed without prejudice pursuant to Fed.
R. Civ. P. 41(b) for failure to file an Amended Application 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 19th

day of

June

, 2015.

BY THE COURT:

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

2