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Blackfeather v. Blackfeather

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Sep 11, 2014
Civil Action No. 14-cv-01840-LTB (D. Colo. Sep. 11, 2014)

Opinion

Civil Action No. 14-cv-01840-BNB

09-11-2014

MICAH JAMES BLACKFEATHER, Plaintiff, v. EDWIN FRANCIS BLACKFEATHER, Defendant.


ORDER OF DISMISSAL

Plaintiff, Micah James Blackfeather, is being detained at the Colorado Mental Health Institute at Pueblo, Colorado. On July 28, 2014, Mr. Blackfeather filed pro se a Prisoner Complaint (ECF No. 12). On August 5, 2014, Magistrate Judge Boyd N. Boland ordered Mr. Blackfeather to file an amended complaint that complies with the pleading requirements of Rule 8 of the Federal Rules of Civil Procedure. Mr. Blackfeather was warned that the action would be dismissed without further notice if he failed to file an amended complaint within thirty days.

Mr. Blackfeather has failed to file an amended complaint within the time allowed and he has failed to respond in any way to Magistrate Judge Boland's August 5 order. Therefore, the action will be dismissed without prejudice for failure to comply with a court order.

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 $505 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 Prisoner Complaint (ECF No. 12) and the action are dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure because Mr. Blackfeather failed to comply with a court order. 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 11th day of September, 2014.

BY THE COURT:

s/Lewis T. Babcock

LEWIS T. BABCOCK, Senior Judge

United States District Court


Summaries of

Blackfeather v. Blackfeather

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Sep 11, 2014
Civil Action No. 14-cv-01840-LTB (D. Colo. Sep. 11, 2014)
Case details for

Blackfeather v. Blackfeather

Case Details

Full title:MICAH JAMES BLACKFEATHER, Plaintiff, v. EDWIN FRANCIS BLACKFEATHER…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Sep 11, 2014

Citations

Civil Action No. 14-cv-01840-LTB (D. Colo. Sep. 11, 2014)