Freeman v. Medical Board and Medical Provider D.W.C.F. et al

Filing 6

ORDER dismissing this action, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 3/16/16. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 16-cv-00023-GPG
BARBARA FREEMAN,
Plaintiff,
v.
MEDICAL BOARD AND MEDICAL PROVIDER, D.W.C.F., and
COLORADO DEPARTMENT OF CORRECTIONS,
Defendants.

ORDER OF DISMISSAL

Plaintiff, Barbara Freeman, is a prisoner in the custody of the Colorado
Department of Corrections. Ms. Freeman initiated this action by filing pro se a
“Preliminary Injunction/Restraining Order” (ECF No. 1) stating her intent to file a 42
U.S.C. § 1983 action challenging a change in her pain medication. On January 6, 2016,
Magistrate Judge Gordon P. Gallagher ordered Ms. Freeman to file a Prisoner’s
Complaint on the court-approved form and a Prisoner’s Motion and Affidavit for Leave to
Proceed Pursuant to 28 U.S.C. § 1915 or to pay the $400.00 filing fee. Magistrate
Judge Gallagher advised Ms. Freeman that the action would be dismissed without
further notice if she failed to cure the designated deficiencies within thirty days.
On February 9, 2016, Magistrate Judge Gallagher granted Ms. Freeman an
extension of time to cure the deficiencies in this action by submitting the required
documents by March 10, 2016. Magistrate Judge Gallagher again informed Ms.
Freeman that the action would be dismissed without further notice if she failed to cure

the deficiencies within the time allow.
Ms. Freeman has failed to cure the designated deficiencies within the time
allowed and she has not responded in any way to the February 9 minute order.
Therefore, the action will be dismissed without prejudice for failure to prosecute and
comply with a court order. The Court also 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 she 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 Barbara Freeman failed to
prosecute and comply with a court order. 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. It is
FURTHER ORDERED that any pending motions are denied as moot.
DATED at Denver, Colorado, this

16th

day of

March

, 2016.

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

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