Croffer v. No Named Defendant

Filing 4

ORDER dismissing this action without prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 2/1/16. No certificate of appealability shall issue. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02780-GPG
VIRGIL CROFFER,
Applicant,
v.
[NO NAMED RESPONDENT],
Respondent.

ORDER OF DISMISSAL

Applicant Virgil Croffer is a pretrial detainee at the Adams County Detention
Facility in Brighton, Colorado. On December 17, 2015, Applicant initiated this action by
submitting pro se to the Court a Letter that challenges Applicant=s pretrial proceedings in
Case No. 2015CS014267. After review of the Letter, Magistrate Judge Gordon P.
Gallagher entered an order, on December 23, 2015, directing Applicant to cure certain
deficiencies, which are to file his claims on a proper Court-approved form and either to
submit a Prisoner=s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. '
1915 in a Habeas Action or in the alternative to pay the $5 filing fee. Applicant was
warned that if he failed to comply with the December 23 Order within the time allowed the
action would be dismissed without further notice.
Applicant now has failed to respond to the December 23, 2015 Order. As a result,
he has failed to comply with Magistrate Judge Gallagher=s directives within the time
allowed. Therefore, the action will be dismissed.
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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 will be denied
for the purpose of appeal. See Coppedge v. United States, 369 U.S. 438 (1962). If
Applicant files a notice of appeal he 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 Application is denied and the action is dismissed without
prejudice pursuant to Fed. R. Civ. P. 41(b) for failure to cure the noted deficiencies 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 no certificate of appealability shall issue because
Applicant has failed to show that jurists of reason would find it debatable that the district
court was correct in its procedural ruling. See Slack v. McDaniel, 529 U.S. 473, 484-85
(2000).
DATED at Denver, Colorado, this

1st

day of

February

, 2016.

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

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