Chelli v. Cozza-Rhodes

Filing 10

ORDER dismissing this action, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 4/13/16. (dkals, )

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 15-cv-02843-GPG CHARLES ANTHONY CHELLI, Applicant, v. THERESA K. COZZA-RHODES, Respondent. ORDER OF DISMISSAL Applicant, Charles Anthony Chelli, is a prisoner in the custody of the Federal Bureau of Prisons at a federal prison in Florence, Colorado. Mr. Chelli initiated this action by filing pro se an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (ECF No. 1) challenging a number of prison disciplinary convictions. On February 4, 2016, Magistrate Judge Gordon P. Gallagher ordered Mr. Chelli to file an amended application that clarifies the claim or claims he is asserting because he failed to allege specific facts that demonstrate his rights were violated. Magistrate Judge Gallagher warned Mr. Chelli that the action would be dismissed without further notice if he failed to file an amended application within thirty days. On March 8, 2016, Magistrate Judge Gallagher entered a minute order granting Mr. Chelli an extension of time to file an amended application and directing the clerk of the Court to mail to Mr. Chelli a blank copy of the appropriate habeas corpus pleading form. Magistrate Judge Gallagher reminded Mr. Chelli that the action would be dismissed without further notice if he failed to file an amended application within thirty days. Mr. Chelli has not filed an amended application within the time allowed. Therefore, the action will be dismissed without prejudice for failure to prosecute and file an amended application as directed. 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 Applicant 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 habeas corpus application (ECF No. 1) is denied and the action is dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure because Applicant failed to prosecute and file an amended application 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 13th day of April , 2016. BY THE COURT: s/Lewis T. Babcock LEWIS T. BABCOCK, Senior Judge United States District Court 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?