Reid v. No Defendants Named
Filing
4
ORDER of Dismissal. ORDERED that the Complaint and action are dismissed without prejudice. Leave to proceed in forma pauperis on appeal is denied, by Judge Lewis T. Babcock on 3/18/13. (sgrim)
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00325-BNB
KENNETH P. REID,
Plaintiff,
v.
[NO NAMED DEFENDANTS],
Defendants.
ORDER OF DISMISSAL
Plaintiff, Kenneth P. Reid, is in the custody of the United States Bureau of
Prisons and currently is housed at the United States Penitentiary in Florence, Colorado.
Plaintiff, acting pro se, initiated this action by filing a three-page statement challenging
the conditions of his confinement. In an order entered on February 6, 2013, Magistrate
Judge Boyd N. Boland instructed Plaintiff to file his claims on a Court-approved form
used in filing prisoner complaints. Magistrate Judge Boland also instructed Plaintiff
either to pay the $350.00 filing fee or to submit a Prisoner’s Motion and Affidavit for
Leave to Proceed Pursuant to 28 U.S.C. § 1915 form.
Magistrate Judge Boland warned Plaintiff that the action would be dismissed
without further notice if he failed to cure the deficiencies within thirty days. Plaintiff now
has failed to comply with the February 6 Order within the time allowed, and the action
will be dismissed.
The Court also 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 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 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 Complaint and action are dismissed without prejudice
pursuant to Fed. R. Civ. P. 41(b) for failure to cure all deficiencies and for failure to
prosecute. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied.
DATED at Denver, Colorado, this 18th
day of
March
, 2013.
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court
2
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