Opinion
Civil Action No. 13-cv-03235-BNB
01-03-2014
TIMOTHY DOYLE YOUNG, Plaintiff, v. UNITED STATES OF AMERICA, Defendant.
ORDER OF DISMISSAL
Plaintiff, Timothy Doyle Young, a federal prisoner housed in the State of Colorado, originally filed a prisoner complaint in the United States District Court for the Eastern District of Michigan. That court determined that venue in the instant action properly lies in the United States District Court for the District of Colorado and entered an order on November 26, 2013, transferring the action here pursuant to 28 U.S.C. §§ 1391(b) and 1404(a).
On November 27, 2013, Magistrate Judge Boyd N. Boland entered an order directing Mr. Young to cure certain deficiencies if he wished to pursue his claims. Specifically, Magistrate Judge Boland ordered Mr. Young to file his claims on the Court-approved form used in filing prisoner complaints. Magistrate Judge Boland also directed Mr. Young either to pay the filing fee in full or to file a motion seeking leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 along with required financial information.
Mr. Young has failed to file his claims on the Court-approved form and to either submit a 28 U.S.C. § 1915 Motion and Affidavit or pay the $400.00 filing fee in full. The action will be dismissed because Mr. Young has failed to cure the deficiencies within the time allowed.
The Court also 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 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 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 Complaint and the action are dismissed without prejudice pursuant to Fed. R. Civ. P. 41(b) for failure to cure deficiencies. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is denied.
DATED at Denver, Colorado, this 3rd day of January, 2014.
BY THE COURT:
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LEWIS T. BABCOCK, Senior Judge
United States District Court