Flores v. United States Attorney General 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 5/28/15. 4 Motion to Transfer Multidistrict [sic] Litigation is denied as moot. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00842-GPG

ERIC FLORES,
Plaintiff,
v.
UNITED STATES ATTORNEY GENERAL, and
FEDERAL BUREAU OF INVESTIGATION,

Defendants.

ORDER OF DISMISSAL

On April 17, 2015, Mr. Flores, a resident of Austin, Texas, filed pro se a sixtyseven page “Petition to Challenge the Constitutionality of the First Amendment” (ECF
1), an Application to Proceed in District Court Without Prepaying Fees or Costs (ECF 3),
a thirty page “Motion to Transfer Multidistrict [sic] Litigation to the District of Columbia
Pursuant to 28 U.S.C. & [sic] 1407 For Coordinated and Consolidated Pretrial
Proceedings By Judicial Panel for Multidistrict Litigation” (ECF 4), and “Judicial Notice of
Adjudicative Facts” (ECF 5).
As part of the Court’s review pursuant to D.C.COLO.LCivR 8.1(a), the court
determined that Plaintiff’s documents were deficient. In an order entered on April 23,
2015, Magistrate Judge Gordon P. Gallagher directed Plaintiff to cure the deficiency if
he wished to pursue his claims. (ECF No. 7). Specifically, Magistrate Judge Gallagher
informed Plaintiff he needed to file his civil complaint on the court-approved form. That

Order specifically informed Mr. Flores that the action would be dismissed without further
notice if he failed to cure the deficiency within thirty days. No further pleadings have
been filed by Plaintiff to date.
Plaintiff has failed to cure the deficiency within the time allowed. Therefore, the
action will be dismissed without prejudice.
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 is denied
for the purpose of appeal. See Coppedge v. United States, 369 U.S. 438 (1962). If
Plaintiff 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 Tenth Circuit within thirty days in accordance
with Fed. R. App. P. 24. Accordingly, it is
ORDERED that the Complaint and the action are dismissed without prejudice
pursuant to Fed. R. Civ. P. 41(b) for failure to cure the deficiency 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 Plaintiff’s pending “Motion to Transfer Multidistrict
[sic] Litigation” (ECF No. 4) is DENIED as moot.
DATED at Denver, Colorado, this 28th day of May, 2015.
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court

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