Lietzke v. City of Montgomery

Full title: BILL LIETZKE, Plaintiff, v. CITY OF MONTGOMERY; and TODD STRANGE…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Apr 28, 2015

Civil Action No. 15-cv-0576-LTB (D. Colo. Apr. 28, 2015)

Opinion

Civil Action No. 15-cv-0576-LTB

04-28-2015

BILL LIETZKE, Plaintiff, v. CITY OF MONTGOMERY; and TODD STRANGE, Defendants.

LEWIS T. BABCOCK, Senior Judge United States District Court

ORDER OF DISMISSAL

Plaintiff, Bill Lietzke, resides in Montgomery, Alabama. He initiated this action on March 20, 2015 by filing a Complaint pursuant to 42 U.S.C. § 1983 against the City of Montgomery, Alabama and Todd Strange. Plaintiff complains about his detention by Montgomery Alabama police. Neither the Plaintiff nor Defendants reside in Colorado. Furthermore, the Complaint does not contain any allegations to indicate that the acts complained of occurred in the District of Colorado. Mr. Lietzke also filed an Application to Proceed in District Court Without Prepaying Fees or Costs (ECF No. 3).

On March 20, 2015, Magistrate Judge Gallagher issued an Order to Show Cause directing Plaintiff to show cause in writing within thirty (30) days why this action should not be dismissed without prejudice for improper venue (ECF No. 5). Magistrate Judge Gallagher warned Applicant that the action would be dismissed without further notice if he failed to respond to the Order to Show Cause within thirty days. Because Applicant has failed to comply with the March 20, 2015 Order within the time allowed the action will be dismissed.

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 is denied for the purpose of appeal. See Coppedge v. United States, 369 U.S. 438 (1962). If Applicant files a notice of appeal he must also pay the full $505.00 appellate filing fee or file a motion to proceed in forma pauperis in the Tenth Circuit within thirty days in accordance with Fed. R. App. P. 24. Accordingly, it is

ORDERED that the action is dismissed without prejudice pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute. It is

FURTHER ORDERED that all pending motions are denied as moot. It is

FURTHER ORDERED that leave to proceed in forma pauperis on appeal is denied.

DATED at Denver, Colorado, this 28^th day of April, 2015.

BY THE COURT:

s/Lewis T. Babcock

LEWIS T. BABCOCK, Senior Judge

United States District Court