Collins v. Reams et al

Filing 11

ORDER dismissing this action, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 2/18/16. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 16-cv-00040-GPG
RAYMOND E. COLLINS JR.,
Plaintiff,
v.
WELD COUNTY SHERIFF STEVEN REAMS,
WELD COUNTY UNDER SHERIFF STERLING GEESAMAN,
WELD COUNTY DA OFFICE, and
WELD COUNTY PUBLIC DEFENDER OFFICE,
Defendants.

ORDER OF DISMISSAL

Plaintiff Raymond E. Collins, Jr. is detained at the Weld County Jail in Greeley,
Colorado. Plaintiff initiated this action by filing pro se a Prisoner Complaint and a
Prisoner=s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. ' 1915. On
January 7, 2016, Magistrate Judge Gordon P. Gallagher granted Plaintiff leave to
proceed pursuant to ' 1915.
After reviewing the Complaint, Magistrate Judge Gallagher entered an order on
January 8, 2016, that directed Plaintiff to file an amended complaint. Magistrate Judge
Gallagher found that Plaintiff=s claims do not comply with Fed. R. Civ. P. 8, because (1) in
part his claims more properly are raised pursuant to 28 U.S.C. ' 2254; (2) he asserts
claims against immune parties; and (3) he fails to state how any properly named
defendants personally participated in violating his constitutional rights. Magistrate

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Judge Gallagher directed Plaintiff to amend and state what a defendant did to him, when
the defendant did it, how the defendant=s action harmed him, and what specific right the
defendant violated.
On January 14, 2016, Plaintiff filed a Letter that requests he be allowed to amend
and names new defendants and claims. Magistrate Judge Gallagher denied the request
as moot per the January 8, 2016 Order to Amend. Plaintiff then filed two more letters,
one on January 26, 2016, and the other on February 3, 2016. Both of the letters
challenge Plaintiff’s pending state criminal proceeding.
Magistrate Judge Gallagher warned Plaintiff that this action would be dismissed
without further notice if he failed to comply within thirty days of the Court=s January 8
Order to Amend. Plaintiff now has failed to comply within the time allowed. The action,
therefore, will be dismissed.
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
Plaintiff 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 Complaint and action are dismissed without prejudice
pursuant to Fed. R. Civ. P. 41(b) for failure to comply with a Court order and for failure to
prosecute. It is

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FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied.
DATED at Denver, Colorado, this

18th

day of

February

, 2016.

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

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