McKern v. Upton et al

Filing 9

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 5/21/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00760-GPG
STACEY ELLA McKERN,
Plaintiff,
v.
JODY K. UPTON,
U.S. DEPARTMENT OF JUSTICE, and
FBOP,
Defendants.

ORDER OF DISMISSAL

Plaintiff Stacey Ella McKern appears to be in the custody of the Federal Bureau
of Prisons and currently incarcerated at the Federal Medical Facility-Carswell in Fort
Worth, Texas. Plaintiff initiated this action by filing pro se a Complaint, a Declaration in
Support of Request for the Court to Appoint Counsel, a Motion for Appointment of
Counsel, and a Certificate of Interested Persons. In an order entered on April 14, 2015,
Magistrate Judge Gordon P. Gallagher told Plaintiff that if she intends to pursue an
action she must cure certain deficiencies. Specifically, Magistrate Judge Gallagher
directed Plaintiff to file her claims on a complete proper Court-approved Prisoner
Complaint form and to submit a proper Court-approved form used by prisoners when
requesting leave to proceed in forma pauperis in a prisoner complaint. Plaintiff was
further directed to submit a certified account statement for the six months immediately
preceding the filing of this action and an authorization to disburse funds from her inmate

account for payment of the filing fee, and to clarify where she currently is located and to
provide an address.
Magistrate Judge Gallagher warned Plaintiff that the action would be dismissed
without further notice if she failed to cure the deficiencies within thirty days. The thirty
days now has run; and Plaintiff has not communicated with the Court. The Court,
therefore, will dismiss the action.
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 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 she 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 Complaint and action are dismissed without prejudice
pursuant to Fed. R. Civ. P. 41(b) for failure to comply with the April 14, 2015 Order,
within the time allowed, and for failure to prosecute. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied. It is
FURTHER ORDERED that all pending motions are denied.
DATED at Denver, Colorado, this

21st

day of

May

, 2015.

BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court

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