Loftin v. People of the State of Colorado

Filing 4

ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 4/8/15. No certificate of appealability will issue. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 15-cv-00444-GPG
LEONARD D. LOFTIN,
Applicant,
v.
PEOPLE OF THE STATE OF COLORADO,
Respondent.

ORDER OF DISMISSAL

Applicant, Leonard D. Loftin, is a prisoner in the custody of the Colorado
Department of Corrections. Mr. Loftin initiated this action by filing pro se a document
(ECF No. 1) that indicates he intends to challenge the validity of a state court criminal
conviction. The instant habeas corpus action was commenced and, on March 3, 2015,
Magistrate Judge Gordon P. Gallagher entered an order directing Mr. Loftin to cure
certain deficiencies if he wished to pursue any claims. Specifically, Magistrate Judge
Gallagher ordered Mr. Loftin to file an Application for a Writ of Habeas Corpus Pursuant
to 28 U.S.C. § 2254 and either to pay the $5.00 filing fee for a habeas corpus action or
to file a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. §
1915 in a Habeas Corpus Action along with a certificate showing the current balance in
his inmate account. Mr. Loftin was warned that the action would be dismissed without
further notice if he failed to cure the deficiencies within thirty days.
Mr. Loftin has failed to cure the deficiencies within the time allowed and he has

failed to respond in any way to Magistrate Judge Gallagher’s March 3 order. 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 Applicant 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. Loftin to cure the deficiencies as
directed. It is
FURTHER ORDERED that no certificate of appealability will issue because
Applicant has not made a substantial showing of the denial of a constitutional right. 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 8th

day of

April

, 2015.

BY THE COURT:

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

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