Briseno v. Cozza-Rhodes

Filing 7

ORDER dismissing this action, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 3/21/16. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 16-cv-00191-GPG
JUAN BRISENO,
Applicant,
v.
THERESA COZZA-RHODES,
Respondent.

ORDER OF DISMISSAL

Applicant, Juan Briseno, is a prisoner in the custody of the Federal Bureau of
Prisons at a federal prison in Florence, Colorado. Mr. Briseno 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 prison disciplinary conviction. On February 11, 2016,
Magistrate Judge Gordon P. Gallagher ordered Mr. Briseno 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. Briseno that the action would be dismissed without further notice if he failed to
file an amended application within thirty days.
Mr. Briseno has not filed an amended application within the time allowed and he
has failed to respond in any way to Magistrate Judge Gallagher’s February 11 order.
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

21st

day of

March

, 2016.

BY THE COURT:

s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court

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