Harris v. Giconi et al
ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 9/24/15. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-01767-GPG
FEDERAL BUREAU OF PRISONS (BOP),
JOHN DOE 1 THROUGH 4, and
UNITED STATES OF AMERICA,
ORDER OF DISMISSAL
Plaintiff Charles Harris is in the custody of the Federal Bureau of Prisons
currently incarcerated at the United States Penitentiary, Florence ADX, at Florence,
Colorado. Plaintiff initiated this action by filing pro se a Prisoner Complaint (ECF No. 1)
pursuant to 28 U.S.C. § 1331 and Bivens v. Six Unknown Named Agents of Fed.
Bureau of Narcotics, 403 U.S. 388 (1971). In an order entered on August 18, 2015,
Magistrate Judge Gordon P. Gallagher directed Plaintiff to cure enumerated deficiencies
by submitting a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28
U.S.C. § 1915 or in the alternative, paying the $400 filing fee in full. 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 for failure to cure deficiencies and failure to prosecute.
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 18, 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
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?