Opinion
Civil Action No. 15-cv-00277-LTB
03-18-2015
REID H. CARY-SADLER, Applicant, v. DENVER DOWNTOWN DETENTION CENTER, Respondent.
ORDER OF DISMISSAL
Applicant, Reid H. Cary-Sadler, an inmate at the Denver County Jail, has submitted a Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas Corpus Action (ECF No. 1). As part of the court's review pursuant to D.C.COLO.LCivR 8.1(b), the court determined that Mr. Cary-Sadler's pleadings were deficient. In an order entered on February 9, 2015, Magistrate Judge Gordon P. Gallagher directed Plaintiff to cure certain deficiencies if he wished to pursue his claims. Specifically, Magistrate Judge Gallagher informed Plaintiff to file a certificate showing the current balance in his prison account and a proper petition for a writ of habeas corpus. (ECF No. 3). That Order specifically provides that the action will be dismissed without further notice if Mr. Cary-Sadler failed to cure the deficiencies within thirty days.
No further pleadings have been filed by Plaintiff. Accordingly, Plaintiff has failed to cure the deficiencies within the time allowed. Therefore, the action will be dismissed without prejudice for failure to cure the noted deficiencies.
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 is 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 also pay the full $505 appellate filing fee or file a motion to proceed in forma pauperis in the Tenth Circuit within thirty days in accordance with Fed. R. App. P. 24. Accordingly, it is
ORDERED that the action is dismissed without prejudice pursuant to Fed. R. Civ. P. 41(b) for failure to cure the 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 18th day of March, 2015.
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court