Glosup v. Davis

Full title: DARRELL RAYBURN GLOSUP, Applicant, v. BLAKE R. DAVIS, Respondent.

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Jan 19, 2012

Civil Action No. 11-cv-03153-BNB (D. Colo. Jan. 19, 2012)

Opinion

Civil Action No. 11-cv-03153-BNB

01-19-2012

DARRELL RAYBURN GLOSUP, Applicant, v. BLAKE R. DAVIS, Respondent.

LEWIS T. BABCOCK

ORDER OF DISMISSAL

Applicant, Darrell Rayburn Glosup, is in the custody of the United States Bureau of Prisons and currently is incarcerated at the Federal Prison Camp in Florence, Colorado. Mr. Glosup, acting pro se, initiated this action by submitting an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241. On December 13, 2011, Magistrate Judge Boyd N. Boland instructed Mr. Glosup to cure certain deficiencies if he wished to pursue his claims. Specifically, Magistrate Judge Boland ordered Mr. Glosup to submit a Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 or in the alternative to pay the $5.00 filing fee. Mr. Glosup was warned that the action would be dismissed without further notice if he failed to cure the deficiencies within thirty days.

Mr. Glosup now has failed to communicate with the Court, and as a result he has failed to cure the deficiencies within the time allowed. The action will be dismissed for failure to comply with the December 13 Order.

Finally, 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 will be denied for the purpose of appeal. See Coppedge v. United States, 369 U.S. 438 (1962). If Mr. Glosup files a notice of appeal he must also pay the full $455 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 Application is denied and the action is 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 19th day of January, 2012.

BY THE COURT:

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LEWIS T. BABCOCK, Judge

United States District Court