Cole v. Federal Bureau of Prisons
Filing
4
ORDER of Dismissal. ORDERED that the action is dismissed without prejudice. Motion for Injunctive Relief 1 is denied as moot. Leave to proceed in forma pauperis on appeal is denied without prejudice, by Judge Lewis T. Babcock on 3/28/13.(sgrim)
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00442-BNB
THOMAS M. COLE,
Plaintiff,
v.
FEDERAL BUREAU OF PRISONS, et al.,
Defendants.
ORDER OF DISMISSAL
Plaintiff, Thomas M. Cole, is a prisoner in the custody of the United States
Bureau of Prisons at the United States Penitentiary in Florence, Colorado. Mr. Cole
initiated this action by filing pro se a Motion for Injunctive Relief (ECF No. 1) in which he
complained about the conditions of his confinement. On February 20, 2013, Magistrate
Judge Boyd N. Boland entered an order directing Mr. Cole to cure certain deficiencies if
he wished to pursue any claims in this Court. Specifically, Magistrate Judge Boland
ordered Mr. Cole to file a Prisoner Complaint and either to pay the $350.00 filing fee or
to file a properly supported Prisoner’s Motion and Affidavit for Leave to Proceed
Pursuant to 28 U.S.C. § 1915. Mr. Cole was warned that the action would be dismissed
without further notice if he failed to cure the deficiencies within thirty days.
Mr. Cole has failed to cure the deficiencies within the time allowed and he has
failed to respond in any way to Magistrate Judge Boland’s February 20 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. Cole failed to cure the deficiencies
as directed. It is
FURTHER ORDERED that the Motion for Injunctive Relief (ECF No. 1) is 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 28th day of
March
, 2013.
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court
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