Opinion
Civil Action No. 11-cv-02222-BNB
10-13-2011
MILAGRO TAURUS, Plaintiff, v. U.S. DEPT. OF SOCIAL SEC, State Office, and COMM. MICHAEL ASTRUE, of His State Rep, Defendants.
ORDER OF DISMISSAL
Plaintiff, Milagro Taurus, initiated this action by filing a pro se Complaint and a Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 with the Court on August 24, 2011.
In an order filed on September 6, 2011, Magistrate Judge Boyd N. Boland ordered Ms. Taurus to cure certain enumerated deficiencies in this case within thirty days. Specifically, Ms. Taurus was directed to submit a properly notarized Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 that included an original signature. She was informed that the § 1915 motion and affidavit was only necessary if the $350.00 filing fee was not paid in advance. The September 6 order warned Ms. Taurus that if she failed to cure the designated deficiencies within the time allowed, the action would be dismissed without further notice.
On September 26, 2011, Ms. Taurus filed a "Motion for Special Designation." Ms. Taurus, however, has now failed to file a properly notarized Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 as directed by the September 6 Order. Therefore, Ms. Taurus has failed within the time allowed to cure the designated deficiencies. Accordingly, it is
ORDERED that the action is dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for the failure of Plaintiff, Milagro Taurus, to comply with the order to cure dated September 6, 2011. It is
FURTHER ORDERED that all pending motions are denied as moot.
BY THE COURT:
LEWIS T. BABCOCK
Senior Judge, United States District Court
CERTIFICATE OF MAILING
Milagro Taurus
PO Box 385
950 Lincoln St
Denver, CO 80205
I hereby certify that I have mailed a copy of the ORDER and JUDGMENT to the above-named individuals on October 13, 2011.
GREGORY C. LANGHAM, CLERK
By: ____________
Deputy Clerk