Burton, Jr. v. Anderson

Filing 5

ORDER dismissing this action, and denying leave to proceed in forma pampers on appeal, by Judge Lewis T. Babcock on 3/7/16. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 16-cv-00139-GPG
BOBBY E. BURTON, JR.,
Plaintiff,
v.
ANDERSON, Warden
Defendant.

ORDER OF DISMISSAL

Plaintiff Bobby E. Burton, Jr. currently is held at the Coffield Prison Unit in
Tennessee Colony, Texas. Plaintiff initiated this action by filing pro se a Prisoner=s
Complaint and a Prisoner=s Motion and Affidavit for Leave to Proceed Pursuant to 28
U.S.C. ' 1915.
On January 20, 2016, Magistrate Judge Gordon P. Gallagher entered an order and
directed Plaintiff to cure certain deficiencies if he desired to proceed with an action.
Specifically, Magistrate Judge Gallagher directed Plaintiff to sign the Prisoner Complaint
and the Motion and Affidavit and to complete all sections of each form. Applicant was
further directed to provide an authorization to calculate and disburse filing fee payments.
Magistrate Judge Gallagher warned Plaintiff that the action would be dismissed without
further notice if he failed to cure the deficiencies within thirty days.
Because Plaintiff now has failed to cure the deficiencies noted in the January 20,
2016 Order, within the time allowed, the Court will dismiss this action.
1

The Court 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 $505.00 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 all pending motions are denied as moot.
DATED at Denver, Colorado, this

7th

day of

March

, 2016.

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

2