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Case 1:13-cv-01416-BNB Document 11 Filed 07/31/13 USDC Colorado Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-01416-BNB

GARY GENE SANDERS, JR.,

Plaintiff,

v.

FREMONT COUNTY, COLORADO,
FREMONT COUNTY SHERIFF JIM BEICKER, and
FREMONT COUNTY DISTRICT ATTORNEY’S OFFICE,

Defendants.

ORDER OF DISMISSAL

Plaintiff, Gary Gene Sanders, Jr., was incarcerated at the Fremont County

Detention Facility in Cañon City, Colorado, when he initiated the instant action by

submitting pro se a Prisoner Complaint (ECF No. 1) and a Prisoner’s Motion and

Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 (ECF No. 3). The Court

reviewed the documents and determined they were deficient. Therefore, on June 3,

2013, Magistrate Judge Boyd N. Boland entered an order (ECF No. 4) directing Mr.

Sanders to cure certain enumerated deficiencies in the case within thirty days if he

wished to pursue his claims.

The June 3 order pointed out that Mr. Sanders failed to submit either the

$400.00 filing fee or a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to

28 U.S.C. § 1915 on the proper, Court-approved form together with a certified copy of

his trust fund account statement for the immediately preceding six-month period. The

Case 1:13-cv-01416-BNB Document 11 Filed 07/31/13 USDC Colorado Page 2 of 3

order directed him to obtain, with the assistance of his case manager or the facility’s

legal assistant, the Court-approved form for filing a Prisoner’s Motion and Affidavit for

Leave to Proceed Pursuant to 28 U.S.C. § 1915. The June 3 order warned Mr. Sanders

that, if he failed to cure the designated deficiencies within thirty days, the action would

be dismissed without prejudice and without further notice.

On June 24, 2013, Magistrate Judge Boland granted Mr. Sanders’ request for a

thirty-day extension of time in which to cure the designated deficiencies. See ECF No.

8. On July 2, 2013, the copy of the June 24 minute order mailed to Mr. Sanders was

returned to the Court as undeliverable. See ECF No. 10.

Mr. Sanders has failed to cure the designated deficiencies as directed within the

time allowed, or otherwise to communicate with the Court in any way. Therefore, the

action will be dismissed without prejudice for Mr. Sanders’ failure to cure the designated

deficiencies as directed within the time allowed, and for his failure to prosecute.

Finally, the Court certifies pursuant to § 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 Mr. Sanders files a notice of appeal he must also pay the full $455.00

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. 1) and the action are

dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil

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Case 1:13-cv-01416-BNB Document 11 Filed 07/31/13 USDC Colorado Page 3 of 3

Procedure for the failure of Plaintiff, Gary Gene Sanders, Jr., within the time allowed, to

cure all the deficiencies designated in the order to cure of June 3, 2013 (ECF No. 4),

and for his failure to prosecute. It is

FURTHER ORDERED that the Prisoner’s Motion and Affidavit for Leave to

Proceed Pursuant to 28 U.S.C. § 1915 (ECF No. 3) is denied as moot. It is

FURTHER ORDERED that leave to proceed in forma pauperis on appeal is

denied. It is

FURTHER ORDERED that any other pending motions are denied as moot.

DATED at Denver, Colorado, this 31st day of July , 2013.

BY THE COURT:





s/ Lewis T. Babcock
LEWIS T. BABCOCK
Senior Judge, United States District Court

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