Opinion
Civil Action No. 11-cv-01812-BNB
09-02-2011
ALBERT JOEL ABEYTA, Plaintiff, v. DAVID YARIAN, COLORADO DEPARTMENT OF CORRECTIONS, and DR. TIMOTHY CREANY, Defendants.
ORDER OF DISMISSAL
Plaintiff, Albert Joel Abeyta, is a prisoner in the custody of the Colorado Department of Corrections who currently is incarcerated at the Fremont Correctional Facility in Canon City, Colorado. Mr. Abeyta initiated this action by submitting pro se a Prisoner Complaint and a Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915.
On July 15, 2011, Mr. Abeyta was granted leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915, and ordered to pay an initial partial filing fee of $10.00 within thirty days or show cause as directed why he was unable to do so. Mr. Abeyta has failed, within the time allowed, to pay the initial partial filing fee, show cause why he is unable to do so, or otherwise communicate with the Court in any way.
Accordingly, it is
ORDERED that the complaint and the action are dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for the failure of Plaintiff, Albert Joel Abeyta, within the time allowed, to pay the initial partial filing fee or show cause why he is unable to do so, and for his failure to prosecute.
DATED at Denver, Colorado, this 2nd day of September 2011.
BY THE COURT:
LEWIS T. BABCOCK, Senior Judge
United States District Court
CERTIFICATE OF MAILING
Civil Action No. 11-cv-01812-BNB
Albert Joel Abeyta
Prisoner No. 119057
Fremont Correctional Facility
PO Box 999
Canon City, CO 81215
I hereby certify that I have mailed a copy of the ORDER AND JUDGMENT to the above-named individuals on September 2, 2011.
GREGORY C. LANGHAM, CLERK
__________________
Deputy Clerk