Rainey v. MacIntosh et al
ORDER dismissing this action, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 4/14/16. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 16-cv-00283-GPG
CAPTAIN NORMAN MACINTOSH, and
LT. TIMOTHY WERTH,
ORDER OF DISMISSAL
On March 9, 2016, the Court denied Plaintiff leave to proceed in forma pauperis
pursuant to 28 U.S.C. § 1915 in this action because he is subject to the filing restriction in
§ 1915(g). The Court also ordered Plaintiff to pay the full amount of $400.00 ($350.00
filing fee, plus a $50.00 administrative fee) within thirty days if he wishes to pursue his
claims in this action. The Court warned Plaintiff that the action would be dismissed
without further notice if he failed to pay the full amount of $400.00 within thirty days.
Plaintiff has failed within the time allowed to pay the filing and administrative fees
as directed. Therefore, the action will be dismissed for failure to pay the required filing
and administrative fees. 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 Prisoner Complaint and the action are dismissed without
prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure because Plaintiff
failed to pay the required filing and administrative fees 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. It is
FURTHER ORDERED that all pending motions are denied as moot.
DATED at Denver, Colorado, this
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court
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