Marner v. Account Brokers, Inc. et al
ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 10/21/15. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-01696-LTB
ZACHARY LOUIS MARNER,
ACCOUNT BROKERS, INC.;
KELLY M. BRNENGER; and
A & J TIRE AND AUTOMOTIVE,
ORDER OF DISMISSAL
On August 7, 2015, Plaintiff, Zachary Louis Marner, submitted to the court yet
another pro se complaint (ECF No. 1). As part of the court’s review pursuant to
D.C.COLO.LCivR 8.1(b), the court determined that Mr. Bramscher’s pleadings were
deficient. In an order entered on September 16, 2015, Magistrate Judge Gordon P.
Gallagher directed Plaintiff to cure certain deficiencies if he wished to pursue his claims.
Specifically, Magistrate Judge Gallagher informed Plaintiff to file a second amended
complaint in accordance with the directives within his order (ECF No. 6). That Order
specifically informed Mr. Marner that this action would be dismissed without further
notice if he failed to file a second amended complaint within thirty days.
Plaintiff has failed to file a second amended complaint within the time allowed.
Therefore, the action will be dismissed without prejudice for failure to prosecute and for
failure to follow a court order.
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 is 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 also pay the full $505 appellate filing fee or file a
motion to proceed in forma pauperis in 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 Fed. R. Civ. P. 41(b) for failure to file a second amended complaint, failure
to comply with this Court’s September 16, 2015 Order, and for failure to prosecute. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
DATED at Denver, Colorado, this
day of October, 2015.
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court
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