Raynor v. Social Security

Filing 4

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. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 15-cv-02513-GPG
ADRIAN CARTER, Sovereign,
Plaintiff,
v.
SOCIAL SECURITY, et al.,
Defendants.

ORDER OF DISMISSAL

Lynn Raynor, an individual, submitted to the Court on behalf of Plaintiff, Adrian
Carter, a document titled “Conspiracy to Withhold Taxes in Violation of the Constitution
Article I Sect. 9 No Capitation or Other Direct Tax Shall be Laid, Unless in Proportion to
the Sensus [sic] or Enumeration Herein Before Directed to be Taken” (ECF No. 1).
Because it appeared that Plaintiff may have intended to file a lawsuit, this action was
commenced. On November 16, 2015, Magistrate Judge Gordon P. Gallagher entered
an order advising Ms. Raynor that she may not represent another pro se litigant in federal
court and directing Plaintiff to cure certain deficiencies if he wishes to pursue his claims.
Specifically, Magistrate Judge Gallagher directed Plaintiff to file a Complaint and either to
pay filing and administrative fees totaling $400.00 or to file on the proper form a motion
seeking leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff was
warned 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 he has failed
to respond in any way to Magistrate Judge Gallagher’s November 16 order. Therefore,
the action will be dismissed without prejudice for failure to cure the deficiencies.
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
is
ORDERED that the action is dismissed without prejudice pursuant to Rule 41(b) of
the Federal Rules of Civil Procedure because Plaintiff 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

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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