Moorer v. U.S. Parole Commission

Filing 6

ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 10/23/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 15-cv-01862-GPG
STEPHAN MOORER,
Applicant,
v.
U.S. PAROLE COMMISSION,
Respondent.

ORDER OF DISMISSAL

Applicant, Stephan Moorer, is a prisoner in the custody of the Federal Bureau of
Prisons at a federal prison in Florence, Colorado. Mr. Moorer 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). Mr. Moorer is challenging a decision of the United States Parole Commission
denying him release on parole.
On September 16, 2015, Magistrate Judge Gordon P. Gallagher ordered Mr.
Moorer to show cause why this action should not be dismissed as repetitive of another
pending habeas corpus action in which he is challenging, in part, the same Parole
Commission decision denying him release on parole. See Moorer v. Fulwood, No.
14-cv-03362-LTB (D. Colo. filed Dec. 11, 2014). Mr. Moorer was warned that the action
would be dismissed without further notice if he failed to show good cause within thirty
days.
Mr. Moorer has failed to show good cause why this action should not be dismissed

and he has failed to respond in any way to Magistrate Judge Gallagher’s September 16
show cause order. Therefore, the action will be dismissed. Furthermore, the Court
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 habeas corpus application is denied and the action is
dismissed without prejudice for the reasons stated in the Order to Show Cause (ECF No.
5) entered in this action on September 16, 2015. 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.
DATED at Denver, Colorado, this

23rd

day of

October

, 2015.

BY THE COURT:

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

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