Houston v. Raemisch et al
ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Christine M. Arguello on 10/29/2015. No certificate of appealability will issue. (athom, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02087-GPG
KYLE LEE HOUSTON,
C.D.O.C. RICK RAEMISCH, and
COLO. PAROLE DIR. BRANDON SHAFFER,
ORDER OF DISMISSAL
Applicant, Kyle Lee Houston, 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). On September 23,
2015, Magistrate Judge Gordon P. Gallagher ordered Mr. Houston to file an amended
pleading that clarifies the claims he is asserting because his claims in the application are
incomprehensible. Mr. Houston was warned that the action would be dismissed without
further notice if he failed to file an amended pleading within thirty days.
On September 25, 2015, Mr. Houston filed a document (ECF No. 4) apparently
seeking to amend the application by adding a page he neglected to attach to the original
application. The additional page submitted on September 25 also does not provide a
clear statement of whatever claims Mr. Houston may be asserting in this action.
Mr. Houston has failed to file an amended pleading within the time allowed that
clarifies the claims he is asserting in this action. Therefore, the action will be dismissed
without prejudice for failure to prosecute and comply with a court order. 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 Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C.
§ 2241 (ECF No. 1) is denied and the action is dismissed without prejudice pursuant to
Rule 41(b) of the Federal Rules of Civil Procedure because Mr. Houston failed to
prosecute and comply with a court order. It is
FURTHER ORDERED that no certificate of appealability will issue because
Applicant has not made a substantial showing of the denial of a constitutional right. 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 29th day of October, 2015.
BY THE COURT:
CHRISTINE M. ARGUELLO
United States District Judge, for
LEWIS T. BABCOCK, Senior Judge
United States District Court
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?