Abdullah v. Lappin

Full title: KHALIFA IMAM MUHAMMAD MUSTAFA ABDULLAH, Petitioner, v. HARLEY LAPPIN…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Aug 21, 2012

Civil Action No. 12-cv-01826-BNB (D. Colo. Aug. 21, 2012)

Opinion

Civil Action No. 12-cv-01826-BNB

08-21-2012

KHALIFA IMAM MUHAMMAD MUSTAFA ABDULLAH, Petitioner, v. HARLEY LAPPIN, Director, et al., Respondents.

LEWIS T. BABCOCK

ORDER OF DISMISSAL

Petitioner Khalifa Imam Muhammad Mustafa Abdullah is in the custody of the United States Bureau of Prisons and currently is incarcerated at ADX in Florence, Colorado. Petitioner, acting pro se, initiated this action by filing a pleading titled, "Heabeas [sic] Corpus 42 USC Sec. 2255 2241." In an order entered on July 16, 2012, Magistrate Judge Boyd N. Boland construed the action more properly filed pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), and instructed Petitioner to file his claims on a Court-approved form used in filing prisoner complaints. Magistrate Judge Boland also instructed Petitioner either to pay the $350.00 filing fee or to submit a Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 form.

Magistrate Judge Boland warned Petitioner that the action would be dismissed without further notice if he failed to cure the deficiencies within thirty days. Petitioner now has failed to comply with the July 16, 2012 Order within the time allowed. The action, therefore, will be dismissed.

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 Petitioner files a notice of appeal he must pay the full $455 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 action are dismissed without prejudice pursuant to Fed. R. Civ. P. 41(b) for failure to cure all 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 21^st day of August, 2012.

BY THE COURT:

______________________________

LEWIS T. BABCOCK, Senior Judge

United States District Court