Hester v. Stephens et al

Filing 6

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 10/2/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-01851-GPG

DONNIQUE HESTER,
Plaintiff,
v.
EMT, Ambulance 33, Denver Health,
JOY STEPHENS, In Official and Individual Capacities,
CASILLAS JAY JR., P13016, Police Department, In Official and Individual Capacities,
and
RICHARD SMITH, Ambulance 33, Denver Health, In Official and Individual Capacities,
Defendants.

ORDER OF DISMISSAL

On August 25, 2015, Plaintiff Donnique Hester initiated this action by filing a
Prisoner=s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. ' 1915. On
August 26, 2015, Magistrate Judge Gordon P. Gallagher directed Plaintiff to submit a
certified prisoner=s trust fund statement for the six-month period immediately preceding
the filing of this action and to file his claims on a Court-approved form used in filing
prisoners complaints. Plaintiff was warned that the action would be dismissed without
further notice if he failed to cure the deficiencies within thirty days.
Then on September 10, 2015, the August 26 Order was returned to the Court and
the envelope was marked, ARTS@ and ARELEASED.@
In accordance with the Local Rules of Practice for the United States District Court
for the District of Colorado, D.C.COLO.LAttyR 5(c), Plaintiff is required to notify the Court

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of an address change within five days after the change. Plaintiff has failed to comply with
the Court=s Local Rules. Plaintiff also has now failed to cure the deficiencies within the
time allowed. The Court, therefore, will dismiss the action.
The Court 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 action is dismissed without prejudice pursuant to Fed. R. Civ.
P. 41(b) for failure to cure the deficiencies 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

2nd

day of

October

, 2015.

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

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