Santistevan v. City Home Loan et al

Filing 4

ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 7/23/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 15-cv-01278-GPG
VICKIE SANTISTEVAN,
Plaintiff,
v.
CITY HOME LOAN, a Utah Corp.,
COLOR ADAM COUNTY HUD, and
MILITARY LAND,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Vickie Santistevan, initiated this action by filing pro se a Title VII
Complaint (ECF No. 1). On June 17, 2015, Magistrate Judge Gordon P. Gallagher
entered an order directing Ms. Santistevan to cure certain deficiencies if she wished to
pursue any claims. Specifically, Magistrate Judge Gallagher noted that Ms. Santistevan
used the wrong complaint form, the names of the parties in the caption do not match the
names of the parties in the text of the pleading, she does not list an address for each
Defendant, she does not assert any claims for relief, and she failed either to pay the
filing fees or to file a motion seeking leave to proceed in forma pauperis pursuant to 28
U.S.C. § 1915. Ms. Santistevan was warned that the action would be dismissed without
further notice if she failed to cure these deficiencies within thirty days.
Ms. Santistevan has failed to cure the deficiencies within the time allowed and
she has failed to respond in any way to Magistrate Judge Gallagher’s June 17 order.

Therefore, the action will be dismissed without prejudice for failure to cure the
deficiencies.
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 she 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 Title VII Complaint and the action are dismissed without
prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure because Ms.
Santistevan failed to cure the deficiencies 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

23rd

day of

July

, 2015.

BY THE COURT:

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

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