Rudkin v. Allred

Full title: MICHAEL RUDKIN, Plaintiff, v. DAVID ALLRED, GREEN, LOPEZ, ANTHONY OSAGIE…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Jul 13, 2012

Civil Action No. 12-cv-01471-BNB (D. Colo. Jul. 13, 2012)

Opinion

Civil Action No. 12-cv-01471-BNB

07-13-2012

MICHAEL RUDKIN, Plaintiff, v. DAVID ALLRED, GREEN, LOPEZ, ANTHONY OSAGIE, C.A. WILSON, and BUREAU OF PRISONS, Defendants.

LEWIS T. BABCOCK

ORDER OF DISMISSAL

Plaintiff, Michael Rudkin, initiated this action by filing pro se a Prisoner Complaint. On June 7, 2012, Magistrate Judge Boyd N. Boland entered an order directing Mr. Rudkin to cure certain deficiencies if he wished to pursue his claims. Specifically, Magistrate Judge Boland ordered Mr. Rudkin either to pay the $350.00 filing fee or to file a Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 along with a certified copy of his inmate trust fund account statement in support of the 28 U.S.C. § 1915 motion. Mr. Rudkin was warned that the action would be dismissed without further notice if he failed to cure the deficiencies within thirty days.

Mr. Rudkin has failed to cure the deficiencies within the time allowed and he has failed to respond in any way to Magistrate Judge Boland's June 7 order. Therefore, the action will be dismissed without prejudice for failure to cure the deficiencies.

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 he 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 Prisoner Complaint and the action are dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure because Mr. Rudkin failed to cure the deficiencies as directed. 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 13^th day of July, 2012.

BY THE COURT:

______________________________

LEWIS T. BABCOCK, Senior Judge

United States District Court