Fair v. Sheetmetal Workers Local 9

Full title: BRANDON ALLAN FAIR, Plaintiff, v. SHEETMETAL WORKERS LOCAL 9, and HEATING…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Nov 6, 2014

Civil Action No. 14-cv-02673-BNB (D. Colo. Nov. 6, 2014)

Opinion

Civil Action No. 14-cv-02673-BNB

11-06-2014

BRANDON ALLAN FAIR, Plaintiff, v. SHEETMETAL WORKERS LOCAL 9, and HEATING & PLUMBING ENGINEERS, Defendants.

LEWIS T. BABCOCK, Senior Judge United States District Court

ORDER OF DISMISSAL

Plaintiff, Brandon Allan Fair, initiated this action by filing pro se a Title VII Complaint (ECF No. 1). On October 1, 2014, Magistrate Judge Boyd N. Boland ordered Mr. Fair to file an amended complaint that complies with the pleading requirements of Rule 8 of the Federal Rules of Civil Procedure. Mr. Fair was warned that the action would be dismissed without further notice if he failed to file an amended complaint within thirty days.

Mr. Fair has failed to file an amended complaint that complies with the pleading requirements of Rule 8 within the time allowed and he has failed to respond in any way to Magistrate Judge Boland's October 1 order. Therefore, the action will be dismissed without prejudice for failure to prosecute and 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 Title VII 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. Fair failed to prosecute and 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 6^th day of November, 2014.

BY THE COURT:

s/Lewis T. Babcock

LEWIS T. BABCOCK, Senior Judge

United States District Court