Raven v. Bruning et al

Filing 5

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 6/2/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00885-GPG
CORWIN RAVEN,
Plaintiff,
v.
VIOLA BRUNING,
JAMIE SOUCIE, and
DARREN LISH,
Defendants.

ORDER OF DISMISSAL

Plaintiff Corwin Raven is in the custody of the Colorado Department of
Corrections and currently is incarcerated at the San Carlos Correctional Facility in
Pueblo, Colorado. Plaintiff initiated this action by filing pro se a Prisoner Complaint and
a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915. In
an order entered on April 27, 2015, Magistrate Judge Gordon P. Gallagher told Plaintiff
that if he intends to pursue an action he must cure certain deficiencies. Specifically,
Magistrate Judge Gallagher directed Plaintiff to submit a § 1915 Motion and Affidavit
that is complete and signed. Plaintiff also was directed to submit a prisoner account
statement that covers the six month immediately preceding the filing of this case.
Magistrate Judge Gallagher warned Plaintiff that the action would be dismissed without
further notice if he failed to cure the deficiencies within thirty days.
The thirty days now have run. 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 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 27, 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

2nd

day of

June

, 2015.

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

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