Johnson v. Barkebile

Full title: RICHARD A. JOHNSON, Plaintiff, v. D. BARKEBILE (ADX), and STAFF…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Sep 26, 2013

Civil Action No. 13-cv-02196-LTB (D. Colo. Sep. 26, 2013)

Opinion

Civil Action No. 13-cv-02196-BNB

2013-09-26

RICHARD A. JOHNSON, Plaintiff, v. D. BARKEBILE (ADX), and STAFF. Defendants.

LEWIS T. BABCOCK

ORDER OF DISMISSAL

Plaintiff, Richard A. Johnson, is a prisoner in the custody of the Federal Bureau of Prisons at a federal prison in Florence, Colorado. Mr. Johnson initiated this action by filing pro se a Complaint (ECF No. 1). The instant action was commenced and, on August 19, 2013, Magistrate Judge Boyd N. Boland entered an order directing Mr. Johnson to cure certain deficiencies if he wished to pursue any claims in this action. Specifically, Magistrate Judge Boland directed Mr. Johnson to file an amended pleading on the proper form and either to pay filing and administrative fees totaling $400.00 or to file a properly supported motion seeking leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Mr. Johnson was warned that the action would be dismissed without further notice if he failed to cure the deficiencies within thirty days.

Mr. Johnson has failed to cure the deficiencies within the time allowed and has failed to respond in any way to Magistrate Judge Boland's August 19 order. Therefore, the action will be dismissed without prejudice for failure to cure the deficiencies.

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 $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 Complaint and the action are dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure because Mr. Johnson failed to cure the deficiencies as directed. 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 26^th day of September, 2013.

BY THE COURT:

________

LEWIS T. BABCOCK, Senior Judge

United States District Court