Loris v. The People of the State of Colorado
ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 9/11/15. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-01684-GPG
THE PEOPLE OF THE STATE OF COLORADO,
ORDER OF DISMISSAL
Applicant, Colleen Loris, initiated this action by filing pro se a Writ of Habeas
Corpus. (ECF No. 1). On August 7, 2015, Magistrate Judge Gordon P. Gallagher
entered an order directing Ms. Loris to cure certain deficiencies if she wished to pursue
her claims. (ECF No. 3). Specifically, Magistrate Judge Gallagher directed Ms. Loris to
file her Complaint on the proper form as required by the local rules for the District of
Colorado. Additionally, Ms. Loris was directed to file a Motion and Affidavit for Leave to
Proceed Pursuant to 28 U.S.C. § 1915 or pay the $5.00 filing fee. Ms. Loris was
warned that the action would be dismissed without further notice if she failed to cure
these deficiencies within thirty days.
Ms. Loris has failed to cure the deficiencies within the time allowed and she has
failed to respond in any way to Magistrate Judge Gallagher’s August 7, 2015 order.
Therefore, the action will be dismissed without prejudice for failure to prosecute and
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 Habeas Corpus Application (ECF No. 1) and the action are
dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil
Procedure because Ms. Loris failed to prosecute and cure the deficiencies as directed.
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 11th day of
September , 2015.
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court
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