Opinion
Civil Action No. 12-cv-01556-BNB
09-10-2012
JENNIFER M. ROSE, Plaintiff, v. SGT. MULRUDE, SGT. COOK, SHIFT LT., SHERIFF OF ARAPAHOE COUNTY, DR. GROPE, and DEPUTY FRED, Defendants.
ORDER OF DISMISSAL
On August 6, 2012, Magistrate Judge Boyd N. Boland entered an order directing Plaintiff, Jennifer M. Rose, to file an amended complaint that alleges personal participation by each named Defendant in the asserted constitutional violations. Ms. Rose was warned that the action would be dismissed without further notice if she failed to file an amended complaint within thirty days.
Ms. Rose has failed to file an amended complaint within the time allowed and she has failed to respond in any way to Magistrate Judge Boland's August 6 order. Therefore, the action will be dismissed without prejudice for failure to comply with a court order.
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 she 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 Ms. Rose failed to comply with a court order. 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 10th day of September, 2012.
BY THE COURT:
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LEWIS T. BABCOCK, Senior Judge
United States District Court