Smith v. IRS

Filing 5

ORDER OF DISMISSAL. ORDERED that the action is dismissed without prejudice pursuant to Fed. R. Civ. P. 41(b) for failure to cure the deficiencies and for failure to prosecute. IFP on appeal is denied. ORDERED that the Application to Proceed in District Court Without Prepaying Fees or Costs, ECF No. 2 , is denied as moot, by Judge Lewis T. Babcock on 02/29/2016. (agarc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 16-cv-00084-GPG
TRISTIAN SMITH,
Plaintiff,
v.
IRS,
Defendant.

ORDER OF DISMISSAL

On January 13, 2016, Plaintiff Tristian Smith initiated this action by filing pro se a
Complaint and an Application to Proceed in District Court Without Prepaying Fees or
Costs. On January 15, 2016, Magistrate Judge Gordon P. Gallagher directed Plaintiff
either (i) to submit an amended Application to Proceed Without Prepaying Fees or
Costs that specifically provides the information requested, i.e., income and assets and
Plaintiff’s current address if Plaintiff was not a prisoner; or (ii) to submit a Prisoner’s
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 along with a
certified prisoner=s trust fund statement for the six-month period immediately preceding
the filing of this action if Plaintiff was a prisoner. (See ECF No. 4, at 2). Plaintiff was
warned that the action would be dismissed without further notice if he failed to cure the
deficiencies within thirty days.
Plaintiff now has failed to communicate with the Court, and as a result he has
failed to cure the deficiencies within the time allowed. The Court, therefore, will dismiss
the action without prejudice.

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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 is 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 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 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 the Application to Proceed in District Court Without
Prepaying Fees or Costs, ECF No. 2, is denied as moot.
DATED at Denver, Colorado, this

29th

day of

February

, 2016.

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

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