Glassey v. No Defendants Named
Filing
4
ORDER of Dismissal. ORDERED that the action is dismissed without prejudice. Leave to proceed in forma pauperis on appeal is denied without prejudice, by Judge Lewis T. Babcock on 3/5/13. (sgrim)
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00199-BNB
JAMES P. GLASSEY,
Plaintiff,
v.
[NO DEFENDANTS NAMED],
Defendants.
ORDER OF DISMISSAL
Plaintiff, James P. Glassey, initiated this action by filing pro se a letter to the
Court (ECF No. 1) seeking to be released from the nursing home in which he lives. On
January 28, 2013, Magistrate Judge Boyd N. Boland entered an order directing Mr.
Glassey to cure certain deficiencies if he wished to pursue any claims in this Court.
Specifically, Magistrate Judge Boland ordered Mr. Glassey to file a Complaint and either
to pay the $350.00 filing fee or to file a properly supported Motion and Affidavit for
Leave to Proceed Pursuant to 28 U.S.C. § 1915. Mr. Glassey was warned that the
action would be dismissed without further notice if he failed to cure the deficiencies
within thirty days.
Mr. Glassey has failed to cure the deficiencies within the time allowed and he has
failed to respond in any way to Magistrate Judge Boland’s January 28 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 action is dismissed without prejudice pursuant to Rule 41(b)
of the Federal Rules of Civil Procedure because Mr. Glassey 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 5th day of
March
, 2013.
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court
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