Lim v. Moskowitz
ORDER dismissing this action, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 4/6/16. The motion for a search warrant application 1 and 2 Motion Requesting to File Without Prepayment of Filing/Service Fees are denied. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 16-cv-00484-GPG
JAE HYEON LIM,
ORDER OF DISMISSAL
Plaintiff, Jae Hyeon Lim, is an inmate at the Gilpin County Detention Facility in
Blackhawk, Colorado. Mr. Lim initiated this action by filing pro se a motion for a search
warrant application under Colorado state law (ECF No. 1), a letter to the Court (ECF No.
1-1), and an Inmate Motion Requesting to File Without Prepayment of Filing/Service Fees
(ECF No. 2). On February 29, 2016, Magistrate Judge Gordon P. Gallagher entered an
order directing Mr. Lim to cure certain deficiencies if he wishes to pursue any claims.
Specifically, Magistrate Judge Gallagher directed Mr. Lim to file a Prisoner Complaint and
either to pay filing and administrative fees totaling $400.00 or to file on the proper form 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. Lim was warned that the action would
be dismissed without further notice if he failed to cure the deficiencies within thirty days.
Mr. Lim has failed to cure the deficiencies within the time allowed and he has failed
to respond in any way to Magistrate Judge Gallagher’s February 29 order. Therefore,
the action will be dismissed without prejudice for failure to 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
ORDERED that this action is dismissed without prejudice pursuant to Rule 41(b) of
the Federal Rules of Civil Procedure because Mr. Lim failed to 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. It is
FURTHER ORDERED that the motion for a search warrant application (ECF No.
1) and the Inmate Motion Requesting to File Without Prepayment of Filing/Service Fees
(ECF No. 2) 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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