Nicholson v. Brennan

Full title: HAROLD J. NICHOLSON, Plaintiff, v. JOHN O. BRENNAN, Director, Central…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Dec 4, 2015

Civil Action No. 15-cv-01999-GPG (D. Colo. Dec. 4, 2015)

Opinion

Civil Action No. 15-cv-01999-GPG

12-04-2015

HAROLD J. NICHOLSON, Plaintiff, v. JOHN O. BRENNAN, Director, Central Intelligence Agency (CIA), LORETTA LYNCH, US Attorney General, and TWO UNKNOWN CIA EMPLOYEES, Defendants.

LEWIS T. BABCOCK, Senior Judge United States District Court

ORDER OF DISMISSAL

Plaintiff Harold J. Nicholson is in the custody of the Federal Bureau of Prisons and currently is incarcerated at the U.S. Penitentiary, ADX, in Florence, Colorado. Plaintiff initiated this action by filing pro se a Prisoner Complaint and a Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915. Magistrate Gordon P. Gallagher granted the § 1915 Motion on October 28, 2015.

Magistrate Judge Gallagher then reviewed the merits of the Complaint and found that the Complaint failed to comply with Fed. R. Civ. P. 8. Plaintiff was directed to amend the Complaint, provide a short and plain statement that demonstrates he is entitled to relief, and assert how each named defendant participated in violating his legal rights. Magistrate Judge Gallagher warned Plaintiff, in the October 28, 2015 Order to Amend, that if he failed to comply with the Order to Amend within the time allowed the Court would dismiss the action without further notice.

Plaintiff now has failed to comply with the Order to Amend within the time allowed.

The Court finds Magistrate Judge Gallagher correctly determined that Plaintiff failed to comply with Rule 8 and required him to amend the Complaint. The Court, therefore, will dismiss the action for failure to comply with a Court order and to prosecute.

The Court also 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 Plaintiff files a notice of appeal he must also pay the full $505 appellate filing fee or file a motion to proceed in forma pampers in the Tenth Circuit within thirty days in accordance with Fed. R. App. P. 24. Accordingly, it is

ORDERED that the Complaint and action are dismissed without prejudice pursuant to Fed. R. Civ. P. 41(b) for failure to file an Amended Complaint and for failure to prosecute. It is

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

DATED at Denver, Colorado, this 4^th day of December, 2015.

BY THE COURT:

s/Lewis T. Babcock

LEWIS T. BABCOCK, Senior Judge

United States District Court