Crump v. Central Office of General Counsel and Bureau of Prisons Federal North et al

Filing 12

ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 10/16/15. 2 Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915, 6 Application to Proceed Without Prepayment of Fees and Costs, and 11 "Motion inmate request to go to trial in a criminal case also requesting appointment of counsel 2.2 he's entitled to" are denied as moot. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 15-cv-01659-GPG
NORVELL WEBSTER CRUMP,
Plaintiff,
v.
CENTERAL OFFICE OF GENERAL COUNSEL AND BUREUA OF PRISONS
FEDERAL NORTH,
CENTRAL REGIONAL OFFICE, AGENCIE(S) OF BUREAU OF PRISONS (BOP)
ADMINISTRATIONS, and
ADMINISTRATIVE MAXIMUM,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Norvell Webster Crump, is a prisoner in the custody of the Federal
Bureau of Prisons currently incarcerated at the United States Penitentiary
Administrative Maximum Facility in Florence, Colorado. Mr. Crump initiated this action
by filing pro se a Prisoner Complaint (ECF No. 1), a Prisoner’s Motion and Affidavit for
Leave to Proceed Pursuant to 28 U.S.C. § 1915 (ECF No. 2), and a Motion to Appoint
Counsel (ECF No. 3). On August 6, 2015, Magistrate Judge Gordon P. Gallagher
entered an order directing Mr. Crump to cure certain deficiencies if he wished to pursue
his claims. Specifically, Magistrate Judge Gallagher directed Mr. Corning to file on the
proper form a complete Prisoner Complaint, including Jurisdiction, Nature of the Case,
Cause of Action, and Previous Lawsuits, and to submit a certified copy of his trust fund
statement for the six-month period immediately preceding the filing of this action and a

signed authorization to calculate and disburse filing fee payments. Mr. Crump was
warned that the action would be dismissed without further notice if he failed to cure the
deficiencies within thirty days.
In response to the Court’s Order to Cure, Plaintiff filed two motions (ECF Nos. 8
and 9) requesting appointment of counsel and an Application to Proceed Without
Prepayment of Fees and Costs (ECF No. 6) along with a certified copy of his trust fund
statement. In a minute order entered on September 11, 2015, Magistrate Judge
Gallagher explained that Plaintiff had not cured all of the deficiencies in this action
because he did not file on the proper forms a complete Prisoner Complaint and a
Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 along
with a signed authorization to calculate and disburse filing fee payments. Magistrate
Judge Gallagher directed the clerk of the court to mail to Plaintiff blank copies of the
Prisoner Complaint and Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant
to 28 U.S.C. § 1915 and instructed Plaintiff to cure the remaining deficiencies using
those forms. Plaintiff was warned that if he failed to cure the remaining deficiencies
within the time allowed, the instant action would be dismissed without further notice. On
October 6, 2015, Mr. Crump filed a “Motion inmate request to go to trial in a criminal
case also requesting appointment of counsel 2.2 he’s entitled to” (ECF No. 11).
The Court finds that Mr. Crump has failed to cure the deficiencies within the time
allowed. 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 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 Prisoner Complaint (ECF No. 1) and the action are
dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil
Procedure because Mr. Crump has 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. It is
FURTHER ORDERED that the Prisoner’s Motion and Affidavit for Leave to
Proceed Pursuant to 28 U.S.C. § 1915 (ECF No. 2), Application to Proceed Without
Prepayment of Fees and Costs (ECF No. 6), and “Motion inmate request to go to trial in
a criminal case also requesting appointment of counsel 2.2 he’s entitled to” (ECF No.
11), are denied as moot.
DATED at Denver, Colorado, this

16th

day of

October

, 2015.

BY THE COURT:

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

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