Wilson v. Cozza-Rhodes

Filing 18

ORDER dismissing this action, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 3/30/16. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 15-cv-02230-GPG

MAURICE WILSON,
Applicant,
v.
THERESA COZZA-RHODES,
Respondent.

ORDER OF DISMISSAL

Applicant Maurice Wilson is in the custody of the Federal Bureau of Prisons and
currently is incarcerated at the United States Penitentiary in Florence, Colorado.
Applicant initiated this action by filing pro se an Application for a Writ of Habeas Corpus
Pursuant to 28 U.S.C. ' 2241. Magistrate Judge Gordon P. Gallagher granted Applicant
leave to proceed pursuant to 28 U.S.C. ' 1915.
On March 4, 2016, after review of the claims, Magistrate Judge Gallagher directed
Applicant to file an Amended Application that (1) identifies only the disciplinary
proceedings that affect the forfeiture or disallowance of good conduct time; (2) sets forth
each disciplinary action by a report number on the application form or attached pages;
and (3) states specifically for each report number how Applicant’s due process rights
were violated in each disciplinary action. Magistrate Judge Gallagher warned Applicant
that if he failed to amend within the time allowed the action would be dismissed.
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The time has run for Applicant to submit an Amended Application; and Applicant
has failed to communicate with the Court. The Court, therefore, will dismiss this action
for failure to comply with the order to amend the Application.
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
Applicant files a notice of appeal he 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 Application is denied and the action is dismissed without
prejudice pursuant to Fed. R. Civ. P. 41(b) for failure to file an Amended Application and
for failure to prosecute.
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied.
DATED at Denver, Colorado, this

30th

day of

March

, 2016.

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

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