Schmier v. City of Colorado Springs, The et al

Filing 4

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 5/26/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00780-GPG
JONATHANDAVID DANIEL SCHMIER,
Plaintiff,
v.
THE CITY OF COLORADO SPRINGS,
MATTHEW J. DUNICH, Officer, Badge # 1611, and
CARLOTTA RIVERA, Detective, Badge # 1766D,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Jonathandavid Daniel Schmier, resides in Virginia Beach, Virginia. Mr.
Schmier initiated this action on April 13, 2015, by filing a Complaint.
On April 15, 2015, Magistrate Judge Gordon P. Gallagher reviewed Mr.
Schmier’s filing and determined that it was deficient. (ECF No. 3). Magistrate Judge
Gallagher directed Plaintiff to submit a Complaint and an Application to Proceed in
District Court Without Prepaying Fees or Costs (Long Form) on the court-approved
forms within thirty (30) days of the April 15 Order. (Id.). Judge Gallagher advised Mr.
Schmier that he could obtain copies of the court-approved forms at
www.cod.uscourts.gov. (Id.). Magistrate Judge Gallagher warned Plaintiff in the April 15
Order that failure to cure the deficiencies noted would result in dismissal of this action
without further notice. (Id.).
Mr. Schmier has now failed to comply with the April 15 Order. Further, he has
not communicated with the Court since he initiated this action on April 13, 2015.

Accordingly, it is
ORDERED that this action is DISMISSED without prejudice pursuant to Rule
41(b) of the Federal Rules of Civil Procedure for the failure of Plaintiff, Jonathandavid
Daniel Schmier, to comply with the April 15, 2015 Order Directing Plaintiff to Cure
Deficiencies. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied for the purpose of appeal. 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. See
Coppedge v. United States, 369 U.S. 438 (1962). If Mr. Schmier files a notice of appeal
he must also 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.
DATED May 26, 2015, at Denver, Colorado.
BY THE COURT:

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

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