Truby v. Denham

Filing 6

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, by Judge Lewis T. Babcock on 3/28/2016. (agarc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 16-cv-00380-GPG
ROBERT JAMES TRUBY,
Applicant,
v.
DEBORAH DENHAM, Warden,
Respondent.
ORDER OF DISMISSAL

Applicant Robert James Truby is in the custody of the Federal Bureau of Prisons
and currently is incarcerated at the Englewood Federal Correctional Institution in Littleton,
Colorado. Applicant initiated this action by filing pro se an Applicant for a Writ of Habeas
Corpus Pursuant to 28 U.S.C. § 2241.
On February 17, 2016, Magistrate Judge Gordon P. Gallagher entered an order
and directed Applicant to cure certain deficiencies if he desired to proceed with an action.
Specifically, Magistrate Judge Gallagher directed Applicant to assert his claims on the
§ 2241 Application form and either to submit a Prisoner’s Motion and Affidavit for Leave to
Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas Corpus Action or in the alternative to
pay the $5 filing fee. Magistrate Judge Gallagher warned Applicant that the action would
be dismissed without further notice if he failed to cure the deficiencies within thirty days.
Applicant submitted an Amended Application but he failed to assert his claims as
directed on the Application form. Applicant also failed to submit a Prisoner’s Motion and

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Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas Corpus Action or
in the alternative to pay the $5 filing fee.
Because Applicant now has failed to cure the deficiencies noted in the February
17, 2016 Order, within the time allowed, the Court will dismiss this action.
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 Applicant
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.
DATED at Denver, Colorado, this 28th

day of

March

, 2016.

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

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