Thomas v. CDOC
ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 12/9/15. 1 Motion for Preliminary Injunctive Relief is denied. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02428-GPG
ORDER OF DISMISSAL
Plaintiff, Demetrius Thomas, is a prisoner in the custody of the Colorado
Department of Corrections. Mr. Thomas initiated this action by submitted to the Court
pro se a Motion for Preliminary Injunctive Relief (ECF No. 1) alleging that officers are
trying to take music lyrics he has written. On November 3, 2015, Magistrate Judge
Gordon P. Gallagher entered an order directing Mr. Thomas to cure certain deficiencies if
he wishes to pursue his claims. Specifically, Magistrate Judge Gallagher directed Mr.
Thomas 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. Thomas
was warned that the action would be dismissed without further notice if he failed to cure
the deficiencies within thirty days.
Mr. Thomas has failed to cure the deficiencies within the time allowed and he has
failed to respond in any way to Magistrate Judge Gallagher’s November 3 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 Motion for Preliminary Injunctive Relief (ECF No. 1) is denied
and the action is dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules
of Civil Procedure because Mr. Thomas 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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