Opinion
Civil Action No. 13-cv-03049-BNB
01-02-2014
MARK COLLINS, Plaintiff, v. THE GARFIELD COUNTY GOVERNMENT, Defendant.
ORDER OF DISMISSAL
Plaintiff, Mark Collins, acting pro se, initiated this action by filing a Complaint. On November 19, 2013, Magistrate Judge Boyd N. Boland entered an order directing Mr. Collins to file an Amended Complaint that complies with the pleading requirements of Rule 8 of the Federal Rules of Civil Procedure. Mr. Collins also was directed to state the statutory authorities for the Court's jurisdiction in this action. Mr. Collins was warned that the action would be dismissed without further notice if he failed to file an amended complaint within thirty days.
The twin purposes of a complaint are to give the opposing parties fair notice of the basis for the claims against them so that they may respond and to allow the court to conclude that the allegations, if proven, show that the plaintiff is entitled to relief. See Monument Builders of Greater Kansas City, Inc. v. American Cemetery Ass'n of Kansas, 891 F.2d 1473, 1480 (10th Cir. 1989). The requirements of Fed. R. Civ. P. 8 are designed to meet these purposes. See TV Communications Network, Inc. v. ESPN, Inc., 767 F. Supp. 1062, 1069 (D. Colo. 1991), aff'd, 964 F.2d 1022 (10th Cir. 1992).
Specifically, Rule 8(a) requires that a complaint "contain (1) a short and plain statement of the grounds for the court's jurisdiction, . . . (2) a short and plain statement of the claim showing that the pleader is entitled to relief, and (3) a demand for the relief sought . . . ."
Mr. Collins' Complaint fails to comply with Rule 8, and Magistrate Judge Boland's directive to amend was correct. Mr. Collins has filed two documents subsequent to the November 19 Order to Amend. Neither of the documents is responsive to the November 19 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 Mr. Collins 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 Complaint and the action are dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure because Mr. Collins failed to comply with a Court order. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is denied.
DATED at Denver, Colorado, this 2nd day of January, 2014.
BY THE COURT:
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LEWIS T. BABCOCK, Senior Judge
United States District Court