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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

CHRISTOPHER WEBB,

Plaintiff,

v.

ADAMS COUNTY DETENTION,
SHANNON DENNINATION,
LIZ HARVEY,
DEBORAH HALFORD,
MEDICAL DEPARTMENT, and
JIM, Nurse Practitioner,

Defendants.

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

Prisoner Complaint.

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

allowed.

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

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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

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