Vianez v. Dist. Court for Denver

Full title: JUAN VIANEZ, Applicant, v. DISTRICT COURT FOR DENVER, CO, Respondent.

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Nov 13, 2013

Civil Action No. 13-cv-02662-BNB (D. Colo. Nov. 13, 2013)

Opinion

Civil Action No. 13-cv-02662-BNB

11-13-2013

JUAN VIANEZ, Applicant, v. DISTRICT COURT FOR DENVER, CO, Respondent.

LEWIS T. BABCOCK

ORDER OF DISMISSAL

Applicant, Juan Vianez, is in the custody of the United States Bureau of Prisons and currently is incarcerated at ADX in Florence, Colorado. Mr. Vianez, acting pro se, initiated this action by filing a pleading titled, "Complaint/Order Disimprisonment Fed. R. Civ. P. 50 2241 Demand: Freedom," ECF No. 1. On October 2, 2013, Magistrate Judge Boyd N. Boland entered an order construing the action as filed pursuant to 28 U.S.C. § 2241 and directed Mr. Vianez to cure certain deficiencies in the pleading. Specifically, Magistrate Judge Boland directed Mr. Vianez to submit his claims on a Court-approved form used in filing § 2241 actions. Magistrate Judge Boland also directed Mr. Vianez to submit a request to proceed pursuant to 28 U.S.C. § 1915 on a proper form along with a certified account statement showing the current balance in his trust fund account.

Magistrate Judge Boland warned Mr. Vianez that the action would be dismissed without further notice if he failed to cure the deficiencies within thirty days. Rather than cure the deficiencies, Mr. Vianez has submitted four filings that are unresponsive to the October 2, 2013 Order to Cure. Because Mr. Vianez has failed to comply with the October 2 Order within the time allowed, the action will be dismissed without prejudice for failure to cure the deficiencies.

The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order is not taken in good faith, and, therefore, in forma pauperis status is denied for the purpose of appeal. See Coppedge v. United States, 369 U.S. 438 (1962). If Mr. Vianez files a notice of appeal he must also pay the full $455.00 appellate filing fee or file a motion to proceed in forma pauperis in the Tenth Circuit within thirty days in accordance with Fed. R. App. P. 24. Accordingly, it is

ORDERED that the Complaint and action are dismissed without prejudice pursuant to Fed. R. Civ. P. 41(b) for failure to cure the deficiencies and for failure to prosecute. It is

FURTHER ORDERED that leave to proceed in forma pauperis on appeal is denied. It is

FURTHER ORDERED that all pending motions are denied as moot.

DATED at Denver, Colorado, this 13^th day of November, 2013.

BY THE COURT:

___________________

LEWIS T. BABCOCK, Senior Judge

United States District Court