Rea II v. No Named Defendant
Filing
5
ORDER dismissing this action, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 3/8/16. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 16-cv-00240-GPG
MICHAEL D. REA, II,
Plaintiff,
v.
[NO DEFENDANTS NAMED],
Defendants.
ORDER OF DISMISSAL
Plaintiff, Michael D. Rea, II, is a prisoner in the custody of the Colorado
Department of Corrections. Mr. Rea initiated this action by submitting to the Court pro se
a letter (ECF No. 1) with attached exhibits that he asked to be filed as a new action. The
instant action was commenced and, on February 1, 2016, Magistrate Judge Gordon P.
Gallagher entered an order directing Mr. Rea to cure certain deficiencies if he wishes to
pursue his claims. Specifically, Magistrate Judge Gallagher directed Mr. Rea to file a
Prisoner Complaint and either to pay filing and administrative fees totaling $400.00 or to
file a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915
along with a certified copy of his inmate trust fund account statement and a signed
authorization to calculate and disburse filing fee payments. Mr. Rea was warned that the
action would be dismissed without further notice if he failed to cure these deficiencies
within thirty days. The following day, February 2, 2016, the Court received from Mr. Rea
another letter (ECF No. 4) asking the Court not to docket the new case because it was not
complete.
Mr. Rea has failed to cure the deficiencies within the time allowed. Therefore, the
action will be dismissed without prejudice for failure to prosecute and cure the
deficiencies. 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 Plaintiff 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 action is dismissed without prejudice pursuant to Rule 41(b) of
the Federal Rules of Civil Procedure because Mr. Rea failed to prosecute and cure the
deficiencies 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
8th
day of
March
, 2016.
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court
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