Opinion
Civil Action No. 14-cv-00677-BNB
04-11-2014
JOHN PETER DANCUNAS, Applicant, v. JOE PELLE, Sheriff of Boulder County, state of Colorado, Respondent.
ORDER OF DISMISSAL
Applicant, John Peter Dancunas, currently is detained at the Boulder County Jail. Applicant, acting pro se, initiated this action by filing an Application for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254. On March 5, 2014, Magistrate Judge Boyd N. Boland entered an order directing Applicant to cure certain deficiencies. Specifically, Magistrate Judge Boland directed Applicant to submit a request to proceed pursuant to 28 U.S.C. § 1915 on a proper form along with a certified account statement showing the current balance in his trust fund account.
Magistrate Judge Boland warned Applicant that the action would be dismissed without further notice if he failed to cure the deficiencies within thirty days. Because Applicant has failed to comply with the March 5 Order within the time allowed, the action will be dismissed without prejudice for failure to cure the deficiencies.
The Court 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 Applicant files a notice of appeal he must also pay the full $505.00 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 Complaint and action are 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 11th day of April, 2014.
BY THE COURT:
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LEWIS T. BABCOCK, Senior Judge
United States District Court