Murphy v. Cheyene Mountain Re-Entry Center et al

Filing 5

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 1/22/16. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02707-GPG
MATTHEW DAVID MURPHY,
Plaintiff,
v.
CHEYENNE MOUNTAIN RE-ENTRY CENTER, Individually and Officially,
STEVE HARTLEY, Director, Individually and Officially,
CASE MANAGER McCLAIN, Individually and Officially,
CASE MANAGER OLSTEIN, Individually and Officially, and
UNKNOWN JOHN AND JANE DOE EMPLOYEES, Individually and Officially,
Defendants.

ORDER OF DISMISSAL

On December 14, 2015, Plaintiff Matthew David Murphy initiated this action by
filing a Prisoner Complaint and a Prisoner=s Motion and Affidavit for Leave to Proceed
Pursuant to 28 U.S.C. ' 1915. On December 16, 2015, Magistrate Judge Gordon P.
Gallagher directed Plaintiff to submit a certified prisoner=s trust fund statement for the
six-month period immediately preceding the filing of this action. Plaintiff was warned that
the action would be dismissed without further notice if he failed to cure the deficiency
within thirty days.
Plaintiff now has failed to communicate with the Court, and as a result he has failed
to cure the deficiency within the time allowed. The Court, therefore, will dismiss the
action.
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
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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 deficiency and for failure to prosecute. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied. It is
FURTHER ORDERED that all pending motions are denied as moot.
DATED at Denver, Colorado, this

22nd

day of

January

, 2016.

BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court

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