Schmier v. City of Colorado Springs, The et al

Filing 4

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 11/16/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-01959-GPG
JONATHANDAVID DANIEL SCHMIER,
Plaintiff,
v.
THE CITY OF COLORADO SPRINGS,
MATTEW J. DUNICH, Officer, Badge # 1611, and
CARLOTTE RIVERA, Detective, Badge # 1766D,
Defendants.

ORDER OF DISMISSAL

Plaintiff, JonathanDavid Daniel Schmier, resides in Virginia Beach, Virginia. He
initiated this action on September 9, 2015, by filing, pro se, a Complaint (ECF No. 1).
On October 6, 2015, Magistrate Judge Gordon P. Gallagher reviewed Plaintiff’s
filing and determined that it was deficient because Mr. Schmier had not paid the
$400.00 filing fee or submitted a Motion and Affidavit for Leave to Proceed Pursuant to
28 U.S.C. § 1915. (ECF No. 3). Magistrate Judge Gallagher directed Plaintiff to submit
an Application to Proceed in District Court Without Prepaying Fees or Costs (Long
Form) on the court-approved forms within thirty (30) days of the October 6 Order. (Id.).
Magistrate Judge Gallagher advised Mr. Schmier that he could obtain copies of the
court-approved forms at www.cod.uscourts.gov. (Id.). Finally, Magistrate Judge
Gallagher warned Plaintiff that failure to comply would result in dismissal of this action
without further notice. (Id.).
Mr. Schmier has now failed to comply with the October 6 Order. Further, he has
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not communicated with the Court since he initiated this action. Accordingly, it is
ORDERED that this action is DISMISSED without prejudice pursuant to Rule
41(b) of the Federal Rules of Civil Procedure for the failure of Plaintiff, Jonathandavid
Daniel Schmier, to comply with the October 7, 2015 Order Directing Plaintiff to Cure
Deficiency. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied for the purpose of appeal. 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. See
Coppedge v. United States, 369 U.S. 438 (1962). If Mr. Schmier 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 United States Court of Appeals for the Tenth Circuit within thirty days in
accordance with Fed. R. App. P. 24.
DATED November 16, 2015, at Denver, Colorado.
BY THE COURT:

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

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