Marner v. Credit Service Company, Inc. et al

Filing 4

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 9/18/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-01700-LTB
ZACHARY LOUIS MARNER,
Plaintiff,
v.
CREDIT SERVICE COMPANY, INC.; and
XOBILE JONES,
Defendants.

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. Marner’s pleadings were
deficient. In an order entered on August 7, 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 request to proceed in
forma pauperis pursuant to § 1915 on proper Court-approved forms. (ECF No. 3). That
Order specifically informed Mr. Marner that this action would be dismissed without
further notice if he failed to cure the deficiencies within thirty days.
Plaintiff has failed to cure the deficiencies within the time allowed. Therefore, the
action will be dismissed without prejudice for failure to cure the noted deficiencies.
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 cure the deficiencies, failure to comply
with this Court’s August 7, 2015 Order, 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 18th day of September, 2015.
BY THE COURT:

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

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