Perkins v. Wilcox et al
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-01711-GPG
HERBERT ISAAC PERKINS,
FEDERAL BUREAU OF PRISONS, and
ORDER OF DISMISSAL
Plaintiff Herbert Isaac Perkins is in the custody of the Federal Bureau of Prisons
and currently is incarcerated at the United States Penitentiary at Florence, Colorado.
Plaintiff initiated this action by filing pro se a Prisoner Complaint and submitting a Letter
stating that he intends to file a complaint but wants the Court to “hold” the Complaint he
submitted until he has moved. ECF No. 3. In an order entered on August 11, 2015,
Magistrate Judge Gordon P. Gallagher told Plaintiff that the Court does not hold
documents submitted by a party to be filed at a later date and that if he intends to
pursue an action he must cure certain deficiencies.
Specifically, Magistrate Judge Gallagher directed Plaintiff to submit a Prisoner’s
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 or in the
alternative to pay the $400 filing fee in full. Plaintiff also was directed to submit a
Prisoner Complaint that is signed.
Magistrate Judge Gallagher warned Plaintiff that the action would be dismissed
without further notice if he failed to cure the deficiencies within thirty days. The thirty
days now has run; and Plaintiff has not communicated with the Court. The Court,
therefore, will dismiss the action.
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 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 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 Complaint and action are dismissed without prejudice
pursuant to Fed. R. Civ. P. 41(b) for failure to comply with the August 11, 2015 Order,
within the time allowed, and for failure to prosecute. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
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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