Storovich v. Grant County Nebraska et al

Filing 8

ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 5/12/15. No certificate of appealability will issue. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 15-cv-00632-GPG
JERRY D. STOROVICH,
Applicant,
v.
GRANT COUNTY, NEBRASKA, and
STATE OF NEBRASKA,
Respondents.

ORDER OF DISMISSAL

Applicant, Jerry D. Storovich, is a prisoner in the custody of the Colorado
Department of Corrections. Mr. Storovich initiated this action by filing pro se an
Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (ECF No. 1)
asserting eight claims for relief.
On April 6, 2015, Magistrate Judge Gordon P. Gallagher ordered Mr. Storovich to
file an amended application. Magistrate Judge Gallagher noted that five of the eight
claims relate to criminal charges pending against Mr. Storovich in Grant County,
Nebraska, and must be raised in the United States District Court for the District of
Nebraska. Mr. Storovich also asserted two claims challenging the conditions of his
confinement in Colorado and one claim challenging a denial of parole in Colorado. In
order to maintain a habeas corpus action with respect to these three claims, Magistrate
Judge Gallagher directed Mr. Storovich to name a proper respondent in Colorado and to
allege specific facts that demonstrate his constitutional rights have been violated with

respect to the execution of his Colorado prison sentences. Mr. Storovich was warned
that the action would be dismissed without further notice if he failed to file an amended
application within thirty days.
On April 13, 2015, Mr. Storovich filed a response (ECF No. 6) stating that his
goal in this action is to obtain dismissal of the pending Nebraska criminal charges and
seeking legal advice on how to accomplish that goal. On April 27, 2015, Mr. Storovich
filed a second response (ECF No. 7) seeking legal advice on how to challenge the
pending Nebraska criminal charges. The Court cannot provide legal advice to Mr.
Storovich. However, the Court notes that his claims seeking dismissal of the pending
Nebraska criminal charges must be raised in the United States District Court for the
District of Nebraska for the reasons specified by Magistrate Judge Gallagher in his April
6 order.
Mr. Storovich has not filed an amended application within the time allowed that
provides a clear statement of any federal constitutional claims challenging the execution
of his Colorado sentences. Therefore, the instant action will be dismissed.
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

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ORDERED that the habeas corpus application (ECF No. 1) is denied and the
action is dismissed without prejudice for the reasons specified in this order. 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

12th

day of

May

, 2015.

BY THE COURT:

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

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