Lee v. No Defendant Named

Full title: BRANDON CHE LEE, Plaintiff, v. [NO DEFENDANT NAMED], Defendant(s).

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Mar 6, 2014

Civil Action No. 14-cv-00118-BNB (D. Colo. Mar. 6, 2014)

Opinion

Civil Action No. 14-cv-00118-BNB

03-06-2014

BRANDON CHE LEE, Plaintiff, v. [NO DEFENDANT NAMED], Defendant(s).

LEWIS T. BABCOCK

ORDER OF DISMISSAL

Plaintiff, Brandon Che Lee, is in the custody of the Federal Bureau of Prisons and the Federal Correctional Institution in Florence, Colorado. He initiated this action on January 2, 2014, by submitting pro se a Letter to the Court in which he complains about the conditions of his confinement.

On January 21, 2014, Magistrate Judge Boyd N. Boland reviewed Plaintiff's filing and determined that it was deficient. Magistrate Judge Boland directed Plaintiff to submit a Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. §1915 and a Prisoner Complaint on the court-approved forms. Alternatively, Mr. Lee was directed to pay the $400 filing fee. Magistrate Judge Boland warned Plaintiff in the January 21 Order that failure to cure the deficiencies noted would result in dismissal of this action without further notice.

Plaintiff has failed to comply with the January 21 Order, and he has not communicated with the Court since he initiated this action on January 2, 2014. Accordingly, it is

ORDERED that this action is DISMISSED without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for the failure of Plaintiff, Brandon Che Lee, to comply with the January 21, 2014 Order Directing Plaintiff to Cure Deficiencies. It is

FURTHER ORDERED that leave to proceed in forma pauperis on appeal is denied for the purpose of appeal. 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. See Coppedge v. United States, 369 U.S. 438 (1962). If Plaintiff files a notice of appeal he must also pay the full $505 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. It is

DATED at Denver, Colorado, this 6^th day of March, 2014.

BY THE COURT:

__________

LEWIS T. BABCOCK, Senior Judge

United States District Court