Martinez v. State of Colorado
Filing
6
ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 7/6/15. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-0996-GPG
DAVID MARTINEZ;
Plaintiff,
v.
STATE OF COLORADO, ET AL.,
Defendants.
ORDER OF DISMISSAL
On May 15, 2015, the Court denied Plaintiff leave to proceed in forma pauperis
pursuant to 28 U.S.C. § 1915 because Mr. Martinez had not demonstrated that he had
insufficient funds to pay the $400.00 filing fee. The Court also ordered Plaintiff to pay
the full amount of $400.00 ($350.00 filing fee, plus a $50.00 administrative fee) within
thirty days if he wished to pursue his claims in this action. The Court warned Plaintiff
that the action would be dismissed without further notice if he failed to pay the filing fee
within thirty days.
Plaintiff has failed within the time allowed to pay the filing and administrative fees
as directed and he has failed to respond in any way to the May 15, 2015 Order.
Therefore, the action will be dismissed for failure to pay the required filing and
administrative fees.
Furthermore, 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 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 also 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 the action are dismissed without prejudice
pursuant to Rule 41(b) of the Federal Rules of Civil Procedure because Plaintiff failed to
pay the required filing and administrative fees as directed. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied without prejudice to the filing of a motion seeking leave to proceed in forma
pauperis on appeal in the United States Court of Appeals for the Tenth Circuit.
DATED at Denver, Colorado, this
6th
day of July, 2015.
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?