Opinion
Civil Action No. 11-cv-01678-BNB
08-16-2011
WARREN DANIEL CLINTON, Plaintiff, v. FEDERAL BUREAU OF PRISONS, and E. ALEXANDER, Regional Administrator, Defendants.
ORDER OF DISMISSAL
Plaintiff, Warren Daniel Clinton, is a prisoner in the custody of the Federal Bureau of Prisons and is currently incarcerated at the United States Penitentiary Administrative Maximum in Florence, Colorado. Mr. Clinton initiated this action by filing a pro se 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. He has been granted leave to proceed in forma pauperis without payment of an initial partial filing fee.
On July 7, 2011, Magistrate Judge Craig B. Shaffer reviewed the Complaint and determined that it was deficient because Mr. Clinton named improper parties and because he failed to allege the personal participation of all named Defendants. Therefore, Mr. Clinton was ordered to file an amended complaint and was warned that the action would be dismissed without further notice if he failed to file an amended pleading within thirty days.
On July 21, 2011, Mr. Clinton filed a document titled "Notice of Removal." The document is unintelligible and does not appear to request any relief from the Court. Moreover, Mr. Clinton has not filed an amended complaint, as directed by Magistrate Judge Shaffer, nor has he communicated with the Court since July 21, 2011. As a result, he has failed to file an amended pleading within the time allowed. Therefore, the Complaint and action will be dismissed without prejudice. Accordingly, it is
ORDERED that the Complaint and this action are dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(b) for failure to file an amended pleading within the time allowed. It is
FURTHER ORDERED that all pending motions are denied as moot.
DATED at Denver, Colorado, this 16th day of August, 2011.
BY THE COURT:
LEWIS T. BABCOCK, Senior Judge
United States District Court
CERTIFICATE OF MAILING
Civil Action No. 11 -cv-01678-BNB
Warren Daniel Clinton
Reg. No. 88766-020
ADX - Florence
PO Box 8500
Florence, CO 81226
I hereby certify that I have mailed a copy of the ORDER and JUDGMENT to the above-named individuals on August 16, 2011.
GREGORY C. LANGHAM, CLERK
______________
Deputy Clerk