Farrell v. State of Colorado et al

Filing 8

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 6/10/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00854-GPG
TERRANCE FARRELL III,
Plaintiff,
v.
STATE OF COLORADO,
CORRECTIONS CORP. OF AMERICA,
ADMINISTRATIVE HEAD OF BVCF, and
ADMINISTRATIVE HEAD OF CCCF,
Defendants.
ORDER OF DISMISSAL

Plaintiff Terrance Farrell III is in the custody of the Colorado Department of
Corrections (DOC) and incarcerated at the Crowley County Correctional Facility. In an
order entered on April 22, 2015, Magistrate Judge Gordon P. Gallagher directed Plaintiff
to cure certain deficiencies if he wished to pursue his claims. Specifically, Magistrate
Judge Gallagher directed Plaintiff to submit his claims on a proper Court-approved form
use in filing prisoner complaints and either to submit a request to proceed pursuant to
28 U.S.C. § 1915 on a proper Court-approved form or in the alternative to pay the $400
filing fee in full. Magistrate Judge Gallagher warned Plaintiff that the action would be
dismissed without further notice if he failed to cure the deficiencies within thirty days.
On May 4, 2015, the envelope sent to Plaintiff that contained the April 22 Order
was returned to the Court and marked “REF. No. DOC #,” and “Return to Sender
Refused Unable to Forward.” The Clerk of the Court resent the April 22, 2015 Order to
Plaintiff on May 4, 2015, and included the proper DOC No. for Plaintiff. Plaintiff was
given an additional thirty days from the May 4 Order to comply with the April 22 Order.
The May 4 Order has not been returned to the Court, nor has Plaintiff complied

with the April 22 Order within the time allowed. Because Plaintiff now has failed to
comply within the time allowed, the Court will dismiss the Complaint and 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 he 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 22, 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.
DATED at Denver, Colorado, this 10th

day of

June

, 2015.

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

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