Opinion
Civil Action No. 07-cv-01975-BNB.
October 31, 2007
ORDER OF DISMISSAL
Plaintiff Keith Frazier initiated this action by filing pro se a "Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915," a "Prisoner Complaint," "Plaintiff's Motion for Appointment of Counsel," "Plaintiff's Motion Requesting Permission to Serve a Single Complaint on the Attorneys Who Represent All of the Defendants," and "Plaintiff's Motion Requesting Limited Interrogatories to Identify Unnamed/Unknown Defendants." In an order filed on September 20, 2007, Magistrate Judge Boyd N. Boland directed the clerk of the Court to commence a civil action and directed Mr. Frazier to cure certain deficiencies if he wished to pursue his claims. Specifically, Magistrate Judge Boland ordered Mr. Frazier to file the complaint and in forma pauperis motion on the proper forms. Mr. Frazier was warned that the complaint and the action would be dismissed without further notice if he failed to cure the deficiencies within thirty days.
The Court's docketing records do not indicate that Mr. Frazier has filed any papers in this action in response to Magistrate Judge Boland's September 20 order. However, the Court has discovered that Mr. Frazier did submit to the Court for filing on September 28, 2007, a "Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915" and a "Prisoner Complaint" on the proper forms. It appears that the "Prisoner Complaint" submitted to the Court on September 28 raises the same claims that are asserted in the instant action. The clerk of the Court was directed to commence a new civil action in response to the complaint and in forma pauperis motion received on September 28 because those documents did not have a case number. See Frazier v. Ortiz, No. 07-cv-02131-BNB (D. Colo. filed Oct. 10, 2007). Mr. Frazier also was granted leave to proceed in forma pauperis in 07-cv-02131-BNB in an order entered by Magistrate Judge Boland on October 10, 2007. Mr. Frazier has not filed any response to Magistrate Judge Boland's October 10 order in 07-cv-02131-BNB to explain why he apparently has commenced two separate actions raising the same claims.
In any event, because Mr. Frazier has not filed any documents in this action to cure the deficiencies within the time allowed in Magistrate Judge Boland's September 20 order, the complaint and the action will be dismissed without prejudice for failure to cure the deficiencies. Accordingly, it is
ORDERED that the complaint and the action are dismissed without prejudice for failure to cure the deficiencies. It is
FURTHER ORDERED that the pending motions are denied as moot.