Griffin v. Colorado Department of Corrections
ORDER dismissing this action without prejudice, and denying without prejudice leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 12/21/15. The motions 1 and 3 are denied. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02479-GPG
ELDRIDGE LEE GRIFFIN,
COLORADO DEPARTMENT OF CORRECTIONS, etc.,
ORDER OF DISMISSAL
Plaintiff, Eldridge Lee Griffin, is a prisoner in the custody of the Colorado
Department of Corrections. Mr. Griffin submitted to the Court pro se a motion (ECF No.
1) requesting copies of court orders and stating he intends to file a lawsuit. He also
submitted a second motion (ECF No. 3) requesting leave to file an action without
prepayment of filing fees. The instant action was commenced and, on November 12,
2015, Magistrate Judge Gordon P. Gallagher entered an order directing Mr. Griffin to cure
certain deficiencies if he wishes to pursue his claims. Specifically, Magistrate Judge
Gallagher directed Mr. Griffin to file a Prisoner Complaint and either to pay filing and
administrative fees totaling $400.00 or to file on the proper form 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. Griffin was warned that the action would be dismissed
without further notice if he failed to cure the deficiencies within thirty days.
Mr. Griffin 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 12 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 motions (ECF Nos. 1 & 3) are denied and the action is
dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil
Procedure because Mr. Griffin 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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