Mabie v. No Named Defendant

Filing 4

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 7/20/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 15-cv-01232-GPG
WILLIAM MABIE,
Plaintiff/Petitioner,
v.
T. K. RHODES, Warden,
Respondent.

ORDER OF DISMISSAL

Plaintiff/Petitioner William Mabie is in the custody of the Federal Bureau of
Prisons and currently is incarcerated at the U.S. Penitentiary in Florence, Colorado.
Mr. Mabie initiated this action by filing pro se a pleading titled, “Petition for Enforcement
of Freedom of Information Act,” ECF No. 1. In an order entered on June 11, 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 file his claims on a complete proper Court-approved Prisoner Complaint form
and to submit a § 1915 form that is complete and properly authorizes the withdrawal of
funds from his account for payment of the filing fee by the agency holding him in
custody, along with submitting a certified trust fund account statement for the six
months immediately preceding the filing of this action.
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

has run; and 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 June 11, 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 20th day of

July

, 2015.

BY THE COURT:

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

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