Coates v. Cozza-Rhodes

Filing 5

ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pampers on appeal, by Judge Lewis T. Babcock on 9/17/15. 3 Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas Corpus Action is denied as moot. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 15-cv-01716-GPG
CHRISTOPHER ALLEN COATES,
Applicant,
v.
TERESA K. COZZA-RHODES,
Respondent.

ORDER OF DISMISSAL

Applicant, Christopher Allen Coates, is a prisoner in the custody of the Federal
Bureau of Prisons. Mr. Coates initiated this action by filing pro se an Application for a
Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (ECF No. 1) and a Prisoner’s
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas
Corpus Action (ECF No. 3). On August 11, 2015, Magistrate Judge Gordon P.
Gallagher entered an order directing Mr. Coates to cure certain deficiencies if he wished
to pursue his claims. Magistrate Judge Gallagher specifically directed Mr. Coates either
to pay the $5.00 filing fee for a habeas corpus action or to submit a certificate showing
the current balance in his inmate account. Mr. Coates was warned that the action
would be dismissed without further notice if he failed to cure the deficiencies within thirty
days.
Mr. Coates has not cured the deficiencies in this action within the time allowed.
Therefore, the action will be dismissed without prejudice for failure to cure the

deficiencies.
The Court also 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 Applicant 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 Application for a Writ of Habeas Corpus Pursuant to 28
U.S.C. § 2241 (ECF No. 1) is denied and the action is dismissed without prejudice
pursuant to Rule 41(b) of the Federal Rules of Civil Procedure because Mr. Coates
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 in a Habeas Corpus Action (ECF No. 3) is
denied as moot.
DATED at Denver, Colorado, this 17th day of

September , 2015.

BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court

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