Opinion
Civil Action No. 11-cv-01755-BNB
09-20-2011
ANTHONY DAVID SWINDLE, Plaintiff, v. EL PASO COUNTY SHERIFF'S OFFICE, EL PASO COUNTY CRIMINAL JUSTICE CENTER, and COMMANDER RODNEY GEHRETT, Defendants.
Anthony David Swindle El Paso County Criminal Justice Center
ORDER OF DISMISSAL
Plaintiff, Anthony David Swindle, currently is confined at the El Paso County Criminal Justice Center in Colorado Springs, Colorado. Mr. Swindle, acting pro se, initiated this action by filing a prisoner complaint pursuant to 42 U.S.C. § 1983 seeking injunctive relief. He was granted leave to proceed in forma pauperis.
On August 12, 2011, Magistrate Judge Boyd N. Boland ordered Mr. Swindle to file within thirty days an amended prisoner complaint that complied with the pleading requirements of Rule 8 of the Federal Rules of Civil Procedure, named only proper parties, and alleged specific facts that demonstrate how each named Defendant personally participated in the asserted constitutional violations. Magistrate Judge Boland warned Mr. Swindle that if he failed to comply with the August 12 order within the time allowed the complaint and the action will be dismissed without further notice.
Mr. Swindle has failed within the time allowed to comply with the August 12 order or otherwise to communicate with the Court in any way. Therefore, the complaint and the action will be dismissed without prejudice pursuant to Fed. R. Civ. P. 41(b) for failure to comply with a Court order and file the amended complaint as directed within the time allowed and for failure to prosecute.
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 for the failure of Plaintiff, Anthony David Swindle, within the time allowed, to file an amended complaint as directed in the order of August 12, 2011, and for his failure to prosecute.
DATED at Denver, Colorado, this 20th day of September 2011.
BY THE COURT:
LEWIS T. BABCOCK, Senior Judge
United States District Court
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
CERTIFICATE OF MAILING
Civil Action No. 11-cv-01755-BNB
Anthony David Swindle
El Paso County Criminal Justice Center
I hereby certify that I have mailed a copy of the ORDER and JUDGMENT to the above-named individuals on September 20, 2011.
GREGORY C. LANGHAM, CLERK
By: ________
Deputy Clerk