Birdsall v. Dir. Human Servs.

Full title: DAVID E. BIRDSALL, Plaintiff, v. DIRECTOR HUMAN SERVICES, NICOLE Y. HOARD…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Oct 23, 2014

Civil Action No. 14-cv-02214-BNB (D. Colo. Oct. 23, 2014)

Opinion

Civil Action No. 14-cv-02214-BNB

10-23-2014

DAVID E. BIRDSALL, Plaintiff, v. DIRECTOR HUMAN SERVICES, NICOLE Y. HOARD, and OTHER SOCIAL WORKER, Defendants.

LEWIS T. BABCOCK, Senior Judge United States District Court

ORDER OF DISMISSAL

Plaintiff, David E. Birdsall, initiated this action by filing pro se a Prisoner Complaint (ECF No. 1). On September 17, 2014, Magistrate Judge Boyd N. Boland ordered Mr. Birdsall, who is not a prisoner, to file an amended complaint on the proper form that lists an address for each Defendant and that complies with the pleading requirements of Rule 8 of the Federal Rules of Civil Procedure. Mr. Birdsall was warned that the action would be dismissed without further notice if he failed to file an amended complaint within thirty days.

Mr. Birdsall has failed to file an amended complaint within the time allowed and has failed to respond in any way to Magistrate Judge Boland's September 17 order. Therefore, the action will be dismissed without prejudice for failure to comply with a court order. Furthermore, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be 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 also 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 Prisoner Complaint (ECF No. 1) and the action are dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure because Mr. Birdsall failed to comply with a court order. It is

FURTHER ORDERED that leave to proceed in forma pauperis on appeal is denied without prejudice to the filing of a motion seeking leave to proceed in forma pauperis on appeal in the United States Court of Appeals for the Tenth Circuit.

DATED at Denver, Colorado, this 23^rd day of October, 2014.

BY THE COURT:

s/Lewis T. Babcock

LEWIS T. BABCOCK, Senior Judge

United States District Court