Subjack v. No Named Defendants
ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 11/3/15. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02154-GPG
[NO DEFENDANTS NAMED],
ORDER OF DISMISSAL
Plaintiff, David Subjack, is a prisoner in the custody of the Colorado Department of
Corrections. Mr. Subjack submitted to the Court pro se a letter (ECF No. 1) asking to be
placed in protective custody and seeking assistance in filing a lawsuit. This action was
commenced and, on September 29, 2015, Magistrate Judge Gordon P. Gallagher
entered an order directing Mr. Subjack to cure certain deficiencies if he wishes to pursue
his claims. Specifically, Magistrate Judge Gallagher directed Mr. Subjack to file a
Prisoner Complaint and either to pay filing and administrative fees totaling $400.00 or to
file a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915
along with a certified copy of his inmate trust fund account statement and a signed
authorization to calculate and disburse filing fee payments. Mr. Subjack was warned
that the action would be dismissed without further notice if he failed to cure the
deficiencies within thirty days.
Mr. Subjack 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 29 order.
Therefore, the action will be dismissed without prejudice for failure to cure the
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 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
ORDERED that the action is dismissed without prejudice pursuant to Rule 41(b) of
the Federal Rules of Civil Procedure because Mr. Subjack 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.
DATED at Denver, Colorado, this
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court
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