Haff v. State of Colorado, The

Filing 7

ORDER dismissing this action without prejudice, and denying without prejudice 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-00248-GPG
STEPHEN HAFF, of the Haff family,
Plaintiff,
v.
THE STATE OF COLORADO,
Defendant.

ORDER OF DISMISSAL

Plaintiff, Stephen Haff, currently is detained at the Denver County Jail in Denver,
Colorado. Mr. Haff initiated this action by filing pro se a Prisoner Complaint (ECF No. 1)
and a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. §
1915 (ECF No. 2). He has been granted leave to proceed in forma pauperis.
On February 10, 2015, Magistrate Judge Gordon P. Gallagher reviewed the
Complaint, determined that it was deficient, and ordered Mr. Haff to file an amended
complaint that sues proper parties, complies with the pleading requirements of Rule 8 of
the Federal Rules of Civil Procedure, and alleges facts showing the personal
participation of each named defendant. Mr. Haff was warned that the action would be
dismissed without further notice if he failed to file an amended complaint within thirty
days.
Mr. Haff 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 February 10 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 Plaintiff, Stephen Haff, 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

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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