LEWIS T. BABCOCK, Senior Judge United States District Court

ORDER OF DISMISSAL

On July 15, 2014, the Court denied Plaintiff leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915, finding that he has an available balance of $589.85 in his inmate account and, therefore, sufficient funds to pay the full $400 filing fee in full. Plaintiff was warned that if he failed to pay the filing fee within thirty days the Complaint and the action would be dismissed without further notice.

Plaintiff has failed to pay the filing fee within the time allowed. As a result, the Complaint and the action will be dismissed.

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 Plaintiff 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 Complaint and action are dismissed without prejudice pursuant to Fed. R. Civ. P. 41(b) for failure to comply with a court order 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 25^th day of August, 2014.

BY THE COURT:

s/Lewis T. Babcock

LEWIS T. BABCOCK, Senior Judge

United States District Court