Reaves v. No Named Defendant

Full title: LUIE REAVES, JR., Plaintiff, v. [NO NAMED DEFENDANT], Defendant(s).

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Oct 16, 2014

Civil Action No. 14-cv-02462-BNB (D. Colo. Oct. 16, 2014)

Opinion

Civil Action No. 14-cv-02462-BNB

10-16-2014

LUIE REAVES, JR., Plaintiff, v. [NO NAMED DEFENDANT], Defendant(s).

LEWIS T. BABCOCK, Senior Judge United States District Court

ORDER OF DISMISSAL

Plaintiff, Luie Reaves, Jr., is in the custody of the Colorado Department of Corrections at the Colorado Territorial Correctional Facility in Canon City, Colorado. Mr. Reaves initiated this action on September 4, 2014, by filing a Letter with the Court (ECF No. 1) complaining about the conditions of his confinement. The Court opened this case pursuant to 42 U.S.C. § 1983.

On September 8, 2014, Magistrate Judge Boyd N. Boland reviewed Mr. Reaves' 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. Magistrate Judge Boland advised Mr. Reaves that he could pay the $400.00 filing fee in lieu of submitting a § 1915 motion and affidavit. Plaintiff was warned in the September 8 Order that failure to cure the deficiencies would result in dismissal of this action without further notice.

Mr. Reaves has failed to comply with the September 8 Order. Moreover, he has not communicated with the Court since he initiated this action. 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, Luie Reaves, Jr., to comply with the September 8, 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 Mr. Reaves 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.

DATED at Denver, Colorado, this 16^th day of October, 2014.

BY THE COURT:

s/Lewis T. Babcock

LEWIS T. BABCOCK, Senior Judge

United States District Court