Manson v. JPMorgan Chase Bank N.A.
ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 12/11/15. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02373-LTB
SETH C. MANSON,
JP MORGAN CHASE BANK N.A.,
ORDER OF DISMISSAL
Plaintiff, Seth C. Manson, filed, pro se, a Complaint alleging liability under
the Fair Debt Collection Practices Act. He has been granted leave to proceed in forma
pauperis pursuant to 28 U.S.C. § 1915. On October 29, 2015, Magistrate Judge
Gordon P. Gallagher ordered Mr. Manson to file an amended complaint that complies
with the pleading requirements of Rule 8 of the Federal Rules of Civil Procedure.
Magistrate Judge Gallagher provided specific and detailed instructions to Mr. Manson
regarding the pleading requirements of Rule 8 and the factual allegations necessary to
support his claims. Mr. Manson was warned that the action would be dismissed without
further notice if he failed to file an amended complaint within thirty days.
Mr. Manson has failed to file an amended complaint within the time allowed and,
in fact, has failed to file anything further in this action. Furthermore, the Court agrees
that the Complaint does not provide a short and plain statement of Mr. Manson’s claims
against the named Defendant showing he is entitled to relief as required under Rule 8.
Therefore, the action will be dismissed without prejudice for failure to prosecute and
comply with the Federal Rules of Civil Procedure and a court order. The Court also
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 is
ORDERED that the Prisoner Complaint (ECF No. 1) and the action are
dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil
Procedure because Mr. Manson failed to prosecute and comply with the Federal Rules
of Civil Procedure and a court order. 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
day of December, 2015.
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court
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