Vaughn v. Cozza-Rhodes

Filing 9

ORDER OF DISMISSAL. ORDERED that the Application is denied and the action is dismissed without prejudice pursuant to Fed. R. Civ. P. 41(b) for failure to comply with a Court order and for failure to prosecute. IFP on appeal is denied, by Judge Lewis T. Babcock on 2/29/2016. (agarc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 15-cv-02364-GPG
DWAYNE VAUGHN,
Applicant,
v.
THERESA COZZA-RHODES
Respondent.

ORDER OF DISMISSAL

Applicant Dwayne Vaughn 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 and by submitting a Prisoner=s Motion and Affidavit for
Leave to Proceed Pursuant to 28 U.S.C. ' 1915 in a Habeas Action. Applicant was
granted leave to proceed pursuant to § 1915.
After reviewing the Application, Magistrate Judge Gordon P. Gallagher entered an
order on January 5, 2016, that directed Applicant to file an amended application.
Magistrate Judge Gallagher found that Applicant=s claims do not comply with Fed. R. Civ.
P. 8 because Applicant failed to identify what disciplinary actions he is challenging and to
state how his First, Fifth, and Eighth Amendment rights were violated in each of the
disciplinary actions. Applicant was directed to amend the Application so that the Court

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and Respondents know what claims are being asserted and are able to respond to those
claims.
Magistrate Judge Gallagher warned Applicant that this action would be dismissed
without further notice if he failed to comply and file an amended application that complied
with Rule 8 within thirty days. Applicant now has failed to comply within the time allowed.
Therefore, the action will be dismissed.
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 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 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 is denied and the action is dismissed without
prejudice pursuant to Fed. R. Civ. P. 41(b) for failure to comply with a Court 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

29th

day of

February

, 2016.

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

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