Hammond v. Pillar Properties Services, LLC

Filing 14

ORDER dismissing this action, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 2/26/16. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 15-cv-02601-GPG
G. Z. HAMMOND,
Plaintiff,
v.
PILLAR PROPERTIES SERVICES, LLC,
Defendant.

ORDER OF DISMISSAL

Plaintiff, G. Z. Hammond, is an inmate at the Denver County Jail in Denver,
Colorado. Mr. Hammond initiated this action by submitting to the Court pro se a letter
(ECF No. 1) requesting a preliminary injunction because he was evicted from his home in
violation of his rights under the Fair Housing Act. The instant action was commenced
and, on November 30, 2015, Magistrate Judge Gordon P. Gallagher entered an order
directing Mr. Hammond to cure certain deficiencies if he wishes to pursue his claims.
Specifically, Magistrate Judge Gallagher directed Mr. Hammond to file a 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. Hammond was warned that the action would be
dismissed without further notice if he failed to cure these deficiencies within thirty days.
On December 11, 2015, Mr. Hammond submitted a copy of his inmate trust fund

account statement that is dated October 5, 2015. (See ECF No. 4.) On December 23,
2015, he filed a letter (ECF No. 5) regarding his efforts to cure the deficiencies, a
Prisoner’s Motion and Affidavit for Leave to Proceed on Appeal Pursuant to 28 U.S.C. §
1915 and Fed. R. App. P. 24 in a Habeas Corpus Action (ECF No. 6), and an Application
for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (ECF No. 7). Attached to the
in forma pauperis motion is a copy of Mr. Hammond’s inmate trust fund account
statement that is dated December 8, 2015. (See ECF No. 6 at 3.)
On December 24, 2015, Magistrate Judge Gallagher entered a Second Order
Directing Plaintiff to Cure Deficiencies (ECF No. 8). Magistrate Judge Gallagher advised
Mr. Hammond that his fair housing claims may not be raised in a habeas corpus action
and he again directed Mr. Hammond to file a proper pleading on the court-approved
complaint form.
On December 28, 2015, Mr. Hammond filed a document (ECF No. 9) relevant to
his efforts to cure the deficiencies that includes another copy of his inmate trust fund
account statement that is dated December 23, 2015. On January 4, 2016, Mr.
Hammond filed a document (ECF No. 10) advising the Court that he was being held in
segregation. On January 19, 2016, Mr. Hammond filed a letter (ECF No. 12) requesting
an extension of time.
On January 20, 2016, Magistrate Judge Gallagher entered a Third Order Directing
Plaintiff to Cure Deficiencies (ECF No. 13). Magistrate Judge Gallagher granted Mr.
Hammond an extension of time to cure the deficiencies in this action and advised him
that, in order to cure the deficiencies, he must file a complaint on the proper form and he

2

must either pay the required filing fees or file on the proper form a Prisoner’s Motion and
Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 with the required supporting
documentation. Mr. Hammond was reminded that the action would be dismissed without
further notice if he failed to cure the deficiencies within thirty days.
Mr. Hammond has failed to cure the deficiencies within the time allowed and he
has not responded in any way to Magistrate Judge Gallagher’s Third Order Directing
Plaintiff to Cure Deficiencies. He has not filed a pleading on the proper form and he has
failed either to pay the required filing fees or to file a properly supported Prisoner’s Motion
and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915. Therefore, the action
will be dismissed without prejudice for failure to prosecute and 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 Mr. Hammond failed to prosecute and 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

3

appeal in the United States Court of Appeals for the Tenth Circuit. It is
FURTHER ORDERED that the pending motions are denied as moot.
DATED at Denver, Colorado, this

26th

day of

February

, 2016.

BY THE COURT:

s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court

4