Farrell v. Colorado

Full title: TERRANCE M. FARRELL III, Plaintiff, v. STATE OF COLORADO, RICK RAEMISCH…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Jun 27, 2014

Civil Action No. 14-cv-01311-BNB (D. Colo. Jun. 27, 2014)

Opinion

Civil Action No. 14-cv-01311-BNB

06-27-2014

TERRANCE M. FARRELL III, Plaintiff, v. STATE OF COLORADO, RICK RAEMISCH, ESTATE OF TOM CLEMENTS, ROGER WERHOLTZ, TONY CAROCHI, ARISTEDES ZAVARIS, JOE ORTIZ, and JOHN SUTHERS, Defendants.

LEWIS T. BABCOCK

ORDER OF DISMISSAL

Plaintiff, Terrance M. Farrell III, is in the custody of the Colorado Department of Corrections at the Bent County Correctional Facility in Las Animas, Colorado. Plaintiff initiated this action by filing pro se a Prisoner Complaint, a Complaint and Jury Demand, and a Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915. On May 20, 2014, Magistrate Judge Boyd N. Boland directed Plaintiff to cure certain deficiencies in the documents. Specifically, Magistrate Judge Boland directed Plaintiff to file his claims on one Court-approved form and to submit his request to proceed pursuant to 28 U.S.C. § 1915 on a proper Court-approved form that includes Plaintiff's authorization to allow the prison to calculate and disburse a filing fee for him.

Magistrate Judge Boland warned Plaintiff that the action would be dismissed without further notice if he failed to cure the deficiencies within thirty days. On May 29, 2014, Plaintiff filed his claims on a proper Court-approved form, but he failed to submit his request to proceed pursuant to § 1915 on a current Court-approved form as required. The action, therefore, will be dismissed without prejudice for failure to cure the deficiencies within the time allowed.

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 Plaintiff 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. It is

FURTHER ORDERED that all pending motions are denied as moot.

DATED at Denver, Colorado, this 27^th day of June, 2014.

BY THE COURT:

__________

LEWIS T. BABCOCK, Senior Judge

United States District Court