Brown v. People of The State of Colorado
Filing
6
ORDER of Dismissal. ORDERED that the Motion for Injunctive Relief (ECF No. 1 ) is denied and the action is dismissed without prejudice. FURTHER ORDERED that the Application to Proceed in District Court Without Prepaying Fees or Costs (ECF No. [ 3]) and the Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 (ECF No. 5 ) are denied as moot. 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. By Judge Lewis T. Babcock on 3/1/13.(mjgsl, )
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00172-BNB
STEVIE BROWN,
Petitioner,
v.
PEOPLE OF THE STATE OF COLORADO,
Respondent.
ORDER OF DISMISSAL
Petitioner, Stevie Brown, initiated this action by filing pro se a Motion for
Injunctive Relief (ECF No. 1) and an Application to Proceed in District Court Without
Prepaying Fees or Costs (ECF No. 3). On January 25, 2013, Magistrate Judge Boyd N.
Boland entered an order directing Mr. Brown to cure certain deficiencies if he wished to
pursue his claims. Specifically, Magistrate Judge Boland directed Mr. Brown to file a
Complaint and to file an amended motion seeking leave to proceed in forma pauperis
pursuant to 28 U.S.C. § 1915 on the proper form. Mr. Brown was warned that the
action would be dismissed without further notice if he failed to cure the deficiencies
within thirty days.
On February 11, 2013, Mr. Brown filed on the proper form a Motion and Affidavit
for Leave to Proceed Pursuant to 28 U.S.C. § 1915 (ECF No. 5). However, he has not
filed a Complaint within the time allowed. Therefore, the action will be dismissed
without prejudice for failure to cure all of 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 Petitioner 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 Motion for Injunctive Relief (ECF No. 1) is denied and the
action is dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil
Procedure because Mr. Brown failed to cure all of the deficiencies as directed. It is
FURTHER ORDERED that the Application to Proceed in District Court Without
Prepaying Fees or Costs (ECF No. 3) and the Motion and Affidavit for Leave to Proceed
Pursuant to 28 U.S.C. § 1915 (ECF No. 5) are denied as moot. 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
1st
day of
March
, 2013.
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court
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