Case 1:13-cv-01914-LTB Document 9 Filed 09/18/13 USDC Colorado Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-01914-BNB
ADAMS COUNTY DETENTION,
MEDICAL DEPARTMENT, and
JIM, Nurse Practitioner,
ORDER OF DISMISSAL
Plaintiff, Christopher Webb, currently is detained at the Adams County Detention
Facility in Brighton, Colorado. Mr. Webb, acting pro se, initiated this action by filing a
In an order entered on July 30, 2013, Magistrate Judge Boyd N. Boland directed
Mr. Webb to cure certain deficiencies in his Complaint. Specifically, Magistrate Judge
Boland directed Mr. Webb to submit a request to proceed pursuant to 28 U.S.C. § 1915
on a current Court-approved form and provide a certified copy of his trust fund account
statement for the six months immediately preceding the filing of this action. The July 30
Case 1:13-cv-01914-LTB Document 9 Filed 09/18/13 USDC Colorado Page 2 of 3
Order instructed Mr. Webb to obtain the § 1915 form at www.cod.uscourts.gov with the
assistance of his case manager or the facility’s legal assistant.
Magistrate Judge Boland warned Mr. Webb that the action would be dismissed
without further notice if he failed to cure the deficiencies within thirty days. Rather than
submit his request to proceed pursuant to § 1915 on a proper Court-approved form, Mr.
Webb submitted three separate Declarations in Support of Request for Leave to
Proceed In Forma Pauperis, ECF Nos. 6, 7, and 8. Although Mr. Webb attached an
account statement to the Declaration filed on August 7, 2013, the account statement is
not certified. Mr. Webb also does not indicate that he attempted to obtain the proper
form but was denied the request by jail staff.
Mr. Webb now has failed to submit a request to proceed pursuant to § 1915 on a
current Court-approved form and a certified account statement. Therefore, the action
will be dismissed without prejudice for failure to cure the deficiencies within the time
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 is denied
for the purpose of appeal. See Coppedge v. United States, 369 U.S. 438 (1962). If Mr.
Webb 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 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 the deficiencies and for failure to
prosecute. It is
Case 1:13-cv-01914-LTB Document 9 Filed 09/18/13 USDC Colorado Page 3 of 3
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied. It is
FURTHER ORDERED that all pending motions are denied as moot.
DATED at Denver, Colorado, this 18th day of September , 2013.
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court