Shelton v. Arapahoe County Sheriff et al

Filing 5

ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 10/21/15. 2 Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 and Fed. R. App. P. 24 is denied as moot. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-01976-GPG
BRIAN JACOB SHELTON, member of wezpeople advocacy group,
Plaintiff,
v.
ARAPAHOE COUNTY SHERIFF,
DEPUTY JAY TITEN #12033, and
MEDICAL CENTER OF ARAPAHOE COUNTY DETENTION FACILITY,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Brian Jacob Shelton, is an inmate at the Arapahoe County Detention
Facility in Centennial, Colorado. Mr. Shelton initiated this action by filing pro se a
Complaint (ECF No. 1) and a Prisoner’s Motion and Affidavit for Leave to Proceed
Pursuant to 28 U.S.C. § 1915 and Fed. R. App. P. 24 (ECF No. 2). On September 14,
2015, Magistrate Judge Gordon P. Gallagher entered an order directing Mr. Shelton to
cure certain deficiencies if he wishes to pursue his claims. Specifically, Magistrate
Judge Gallagher directed Mr. Shelton to file on the proper forms a signed Prisoner
Complaint and a signed Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to
28 U.S.C. § 1915 and to submit an authorization to calculate and disburse filing fee
payments. Mr. Shelton was warned that the action would be dismissed without further
notice if he failed to cure the deficiencies within thirty days.
Mr. Shelton has failed to cure the deficiencies within the time allowed and he has
failed to respond in any way to Magistrate Judge Gallagher’s September 14 order.

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 Plaintiff 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 Complaint (ECF No. 1) and the action are dismissed without
prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure because Mr.
Shelton 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 and Fed. R. App. P. 24 (ECF No. 2) is denied as
moot.
DATED at Denver, Colorado, this

21st

day of

October

, 2015.

BY THE COURT:

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

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