Nalty v. Harrell et al
ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 12/21/15. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-2463-LTB
STEPHEN JOHN NALTY,
ALFRED CONWAY HARRELL, JR., Judge;
MITCHELL RICHARD MORRISSEY;
KATHERINE VIRGINIA KIRK;
PATRICK FIRMAN; and
CITY AND COUNTY OF DENVER,
ORDER OF DISMISSAL
Plaintiff, Stephen John Nalty, submitted to the court “A United States First
Amendment Affidavit Petition for Redress of Grievances” (ECF No. 1) and paid a filing
fee of $46.00. Therefore, this action was commenced. As part of the court’s review
pursuant to D.C.COLO.LCivR 8.1(b), the court determined that the document was
deficient as described in its Order to Cure dated November 9, 2015. Specifically, the
Order directed Plaintiff to file either a proper complaint or an Application for a Writ of
Habeas Corpus on the proper court-approved forms if he wished to pursue his claims
(ECF No. 2). The Court further directed the Clerk of Court to return the $46.00 filing fee
and directed Plaintiff to pay the appropriate fee depending on the particular action he
sought to bring. That Order specifically informed Plaintiff that the action would be
dismissed without further notice if he failed to cure the deficiencies within thirty days.
Plaintiff has failed to cure the deficiencies within the time allowed and has not
filed anything since filing the initial papers in this action. Therefore, the action will be
dismissed without prejudice for failure to cure the noted deficiencies and for failure to
follow this Court’s November 9 Order. See U.S. ex rel. Jimenez v. Health Net, Inc., 400
F.3d 853, 855 (10th Cir. 2005) (“dismissal is an appropriate disposition against a party
who disregards court orders and fails to proceed as required by court rules.”) (citing
Nat'l Hockey League v. Metro. Hockey Club, Inc., 427 U.S. 639, 642–43 (1976)).
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
Plaintiff 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 action is dismissed without prejudice pursuant to Fed. R. Civ.
P. 41(b) for failure to cure the deficiencies, for failure to prosecute and for failure to
follow court orders. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
DATED at Denver, Colorado, this 21st
day of December, 2015.
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court
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