Marner et al v. Johnson et al

Filing 6

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 11/13/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02214-GPG
ZACHARY MARNER;
NEVAEH MARNER; and
MACKENZIE WHITE,
Plaintiffs,
v.
ALAN JOHNSON, Resident, City of Aurora, Colorado, in his individual capacity;
KIM SIMAO, Resident, City of Aurora, Colorado, in her individual capacity;
STEVEN (I) EVANS, Officer, City of Aurora, Colorado in his professional and individual
capacities; and
MICHAEL (I) QUIRK, Officer, City of Aurora, Colorado in his professional and individual
capacities;
Defendants.
ORDER OF DISMISSAL
On October 6, 2015, Plaintiff, Zachary Marner, submitted to the court his Eighth
pro se action in this Court (ECF No. 1). As part of the court’s review pursuant to
D.C.COLO.LCivR 8.1(b), the court determined that Mr. Marner’s pleadings were
deficient. In an order entered on October 7, 2015, Magistrate Judge Gordon P.
Gallagher directed Plaintiffs to cure certain deficiencies if they wished to pursue his
claims. Specifically, Magistrate Judge Gallagher informed Plaintiffs to file an amended
complaint in accordance with the directives within his order (ECF No. 5). That Order
specifically informed Plaintiffs that this action would be dismissed without further notice
if they failed to file an amended complaint within thirty days.
Plaintiffs have failed to file an amended complaint within the time allowed. Nor
have they filed anything else in this matter. Therefore, the action will be dismissed
without prejudice for failure to prosecute and for failure to follow a court order.

The Court also 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 is denied
for the purpose of appeal. See Coppedge v. United States, 369 U.S. 438 (1962). If
Plaintiffs file a notice of appeal they must also pay the full $505 appellate filing fee or file
a motion to proceed in forma pauperis in the Tenth Circuit within thirty days in
accordance with Fed. R. App. P. 24. Accordingly, it is
ORDERED that the Complaint and the action are dismissed without prejudice
pursuant to Fed. R. Civ. P. 41(b) for failure to file an amended complaint, failure to
comply with this Court’s October 7, 2015 Order, and for failure to prosecute. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied.
DATED at Denver, Colorado, this

13th

day of November, 2015.

BY THE COURT:

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

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