Case 1:13-cv-01971-BNB Document 4 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-01971-BNB
EARL J. CROWNHART,
BABARK [sic] OBAMA,
ORDER OF DISMISSAL
Plaintiff Earl J. Crownhart currently is confined at the Grand Junction Regional
Center in Grand Junction, Colorado. Mr. Crownhart, acting pro se, has submitted to the
Court an Application for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 and a
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas
Action. For the reasons discussed below, the Court will dismiss the action.
Mr. Crownhart has been permanently enjoined from filing any civil actions in this
Court, in which he is the proponent of a claim, without representation of an attorney
licensed to practice in the State of Colorado, unless he first obtains leave of Court by a
judicial officer to proceed pro se in the action. See Crownhart v. Suthers, et al., No. 13-
cv-00959-LTB at ECF No. 5 (D. Colo. June 14, 2013). If a judicial officer finds Mr.
Crownhart’s pleadings to be without merit, repetitive, frivolous, or not in keeping with
Fed. R. Civ. P. 8 the pleading will be dismissed. Id.
Mr. Crownhart’s claims fail to meet the requirements set forth under Fed. R. Civ.
P. 8. Federal Rules of Civil Procedure
apply to applications for habeas corpus relief.
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See Fed. R. Civ. P. 81(a)(4); Browder v. Director, Dep’t of Corrections, 434 U.S. 257,
269 (1978); Ewing v. Rodgers, 826 F.2d 967, 969-70 (10th Cir. 1987). Pursuant to Fed.
R. Civ. P. 8(a), a pleading “must contain: (1) a short and plain statement of the grounds
for the court’s jurisdiction . . . ; (2) a short and plain statement of the claim showing that
the pleader is entitled to relief; and (3) a demand for the relief sought . . . .”
Mr. Crownhart does not include a short and plain statement showing that he is
entitled to relief as required pursuant to Rule 8. The claims are repetitive of the claims
dismissed in Crownhart v. Suthers, No. 12-cv-03053-LTB at ECF No. 57 (D. Colo. May
21, 2013), as either moot or for failure to exhaust state court remedies. Nothing Mr.
Crownhart asserts in this action indicates the claims have been exhausted and are ripe
for review. Furthermore, the relief Mr. Crownhart seeks is not available in a § 2241
action. Mr. Crownhart states under Section E., “Request for Relief,” of the Application
that he seeks “to prosecute (CDHS) Colorado Dept. Of Human Services under violation
criminal law.” Mr. Crownhart also has named Barack Obama as the respondent.
President Obama clearly is an improper party to this action The Court, therefore, will
dismiss the action.
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
Applicant files a notice of appeal he must also pay the full $455 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 Application is denied and the action is dismissed without
prejudice for the reasons stated above. It is
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FURTHER ORDERED that the Motion and Affidavit for Leave to Proceed
Pursuant to 28 U.S.C. § 1915 is denied as moot. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
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