Blackfeather v. CMHIP et al

Filing 5

ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Clerk on 3/16/15. 4 Motion to Record Incident of Discrimination andIntimidation (Inciting Drama) is denied as moot. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 15-cv-00261-GPG
MICAH BLACKFEATHER,
Plaintiff,
v.
CMHIP,
ROXANNA MARINO,
QUINONES RAYMOND,
NANCY JOHNSON,
FELICIA MORA,
ROSIA SALAZAR,
ABEL LENNART,
ANTHONY GARCIA,
TIFFANY RAY,
VINCENT JAMES GUERRERO,
DEBORA EALEY,
DALE COREY,
DEAN PACE,
RHEA HENRY,
KATHY KIECKHAFER,
KIM ORTIZ, and
SHANA,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Micah Blackfeather, is a detainee at the Colorado Mental Health Institute
at Pueblo, Colorado. Mr. Blackfeather initiated this action by filing pro se a Motion for
Protection Order (ECF No. 1) complaining that he is being harassed and intimidated.
This civil action was commenced and, on February 6, 2015, Magistrate Judge Gordon
P. Gallagher entered an order directing Mr. Blackfeather to cure certain deficiencies if

he wished to pursue his claims. Specifically, Magistrate Judge Gallagher directed Mr.
Blackfeather to file a Prisoner Complaint and either to pay filing and administrative fees
totaling $400.00 or to file a properly supported Prisoner’s Motion and Affidavit for Leave
to Proceed Pursuant to 28 U.S.C. § 1915. Mr. Blackfeather was warned that the action
would be dismissed without further notice if he failed to cure the deficiencies within thirty
days.
On February 17, 2015, Mr. Blackfeather tendered to the Court for filing a “Motion
to Record Incident of Discrimination and Intimidation (Inciting Drama)” (ECF No. 4)
complaining that he continues to be harassed and intimidated. Although Mr.
Blackfeather did not include a case number on the “Motion to Record Incident of
Discrimination and Intimidation (Inciting Drama),” the motion was filed in this action and
appears to relate to the same subject matter as the Motion for Protection Order.
Mr. Blackfeather has not cured any of the deficiencies in this action. He has not
filed a Prisoner Complaint and he has failed either to pay filing and administrative fees
totaling $400.00 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.
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.
2

P. 24. Accordingly, it is
ORDERED that the Motion for Protection Order (ECF No. 1) is denied and the
action is dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil
Procedure because Mr. Blackfeather 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. It is
FURTHER ORDERED that the “Motion to Record Incident of Discrimination and
Intimidation (Inciting Drama)” (ECF No. 4) is denied as moot.
DATED at Denver, Colorado, this

16th

day of

March

, 2015.

BY THE COURT:

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

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