Lutes v. Morrissey et al

Filing 5

ORDER dismissing this action without prejudice, and denying 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-02075-GPG
JASMINE F. LUTES,
Plaintiff,
v.
ALLISON MORRISSEY, Public Trustee,
FEDERAL HOME LOAN MORTGAGE CORPORATION, dba FREDDIE MAC, and
PLAZA HOMEMORTGAGE, INC.
Defendants.

ORDER OF DISMISSAL

Plaintiff Jasmine F. Lutes currently resides in Bayfield, Colorado. Plaintiff initiated
this action by filing pro se a Complaint for Violations of Fair Debt Collection, ECF No. 1,
and an Affidavit of Indigency, ECF No. 3. On September 21, 2015, Magistrate Judge
Gordon P. Gallagher directed Plaintiff to submit her claims on a Court-approved form
used in filing pro se complaints and her request to proceed without payment of a filing fee
on an Application to Proceed in District Court Without Prepaying Fees and Costs ' 1915
or to pay the $400 filing fee in full. Plaintiff was warned that the action would be
dismissed without further notice if she failed to cure the deficiencies within thirty days.
Plaintiff now has failed to communicate with the Court, and as a result, she has
failed to cure the deficiencies within the time allowed. The Court, therefore, will dismiss
the action.

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Finally, 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 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 she 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 action is dismissed without prejudice pursuant to Fed. R. Civ.
P. 41(b) for failure to cure the deficiencies within the time allowed. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied.
DATED at Denver, Colorado, this

23rd

day of

October

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

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, 2015.