Opinion
Civil Action No. 11-cv-02150-BNB
09-30-2011
ADRIAN SALVADOR GOMEZ, Plaintiff, v. KEITH COLEMAN, Bar #24517, Defendant.
ORDER OF DISMISSAL
On August 23, 2011, Magistrate Judge Craig B. Shaffer entered an order granting Plaintiff leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 in this action. Pursuant to § 1915(b)(1), Magistrate Judge Shaffer ordered Plaintiff either to pay an initial partial filing fee or to show cause why he has no assets and no means by which to pay the initial partial filing fee. Plaintiff was warned that the complaint and the action would be dismissed without further notice if he failed either to pay the initial partial filing fee or to show cause within thirty days.
Plaintiff has failed within the time allowed either to pay the initial partial filing fee or to show cause why he is unable to pay the initial partial filing fee. In fact, Plaintiff has failed to respond to Magistrate Judge Shaffer's August 23 order in any way. Therefore, the complaint and the action will be dismissed. Accordingly, it is
ORDERED that the complaint and the action are dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure because Plaintiff failed within the time allowed either to pay the initial partial filing fee or to show cause why he has no assets and no means by which to pay the initial partial filing fee.
DATED at Denver, Colorado, this 30th day of September, 2011.
BY THE COURT:
LEWIS T. BABCOCK, Senior Judge
United States District Court
CERTIFICATE OF MAILING
Civil Action No. 11-cv-02150-BNB
Adrian Salvador Gomez
Prisoner No. 108873
Centennial Correctional Facility
PO Box 600
Canon City, CO 81215
I hereby certify that I have mailed a copy of the ORDER and JUDGMENT to the above-named individuals on September 30, 2011.
GREGORY C. LANGHAM, CLERK
_________________
Deputy Clerk