Opinion
Civil Action No. 11-cv-01796-BNB
10-19-2011
LEROY W. BAKER, Plaintiff, v. TOM CLEMENTS, Dir, DOC, KEVIN MILYARD, Warden, SCF, and ALL OTHER JOHN AND JANE DOE MEDICAL STAFF RESPONSABLE [sic], Defendants.
ORDER OF DISMISSAL
Plaintiff, Leroy W. Baker, is a prisoner in the custody of the Colorado Department of Corrections (DOC) who currently is incarcerated at the Sterling Correctional Facility in Sterling, Colorado. Mr. Baker initiated this action by filing a prose Prisoner Complaint and a motion for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 together with a certified copy of his trust fund account statement. By order dated July 15, 2011, Magistrate Judge Boyd N. Boland granted Mr. Baker leave to proceed pursuant to § 1915 without payment of an initial partial filing fee.
On August 5, 2011, Magistrate Judge Boland determined that the complaint was deficient because it failed to comply with Rule 8 of the Federal Rules of Civil Procedure and because Mr. Baker failed to identify all of the named parties who participated in the alleged violation of his constitutional rights. Therefore, Mr. Baker was directed to file an amended complaint.
On September 7, 2011, Mr. Baker filed an amended complaint. On September 12, 2011, Magistrate Judge Boland determined that the amended pleading was deficient because it again failed to comply with Rule 8 of the Federal Rules of Civil Procedure and failed to allege the personal participation of each named defendant. Therefore, Mr. Baker was directed to file a second amended complaint. Mr. Baker was warned that the action would be dismissed without further notice if he failed to file a second amended pleading within thirty days.
Mr. Baker has failed to file a second amended complaint, and he has not communicated with the Court since September 7, 2011. Therefore, the amended complaint and action will be dismissed without prejudice. Accordingly, it is
ORDERED that the Amended Complaint and this action are dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for failure to file an amended pleading within the time allowed. It is
FURTHER ORDERED that all pending motions are denied as moot.
BY THE COURT:
LEWIS T. BABCOCK, Senior Judge
United States District Court
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
CERTIFICATE OF MAILING
Civil Action No. 11-CV-01796-BNB
Leroy W Baker
Prisoner No. 82907
Sterling Correctional Facility
PO Box 6000
Sterling, CO 80751
I hereby certify that I have mailed a copy of the ORDER and JUDGMENT to the above-named individuals on October 19, 2011.
GREGORY C. LANGHAM, CLERK
By: __________
Deputy Clerk