Franklin v. Colorado Department of Corrections

F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
JAN 9 2001
TENTH CIRCUIT
PATRICK FISHER
Clerk

TERRY FRANKLIN,

Plaintiff-Appellant,
v. No. 00-1220
COLORADO DEPARTMENT OF (D.C. No. 00-Z-345)
CORRECTIONS, LT. THIBADEAU; (D. Colo.)
WARDEN ATHERTON; COSSABONE,
Escourt, Staff & Intake; CRAWFORD;
FRANKLIN; WELLS; MONTOYA;
BROWN; TEMPLETON; BENNETT;
TRANI; PADILLA; BAUTISA;
COLLINS; ELX; SGT. HALL; CATH
CART; WILLIAMS; SALINAS;
HODGE; WHITEHOUSE; CAPTAIN
DALTON; CHASE; BONWELL AND
DUPAN,

Defendants-Appellees.

ORDER AND JUDGMENT*

Before BALDOCK, HENRY, and LUCERO, Circuit Judges.**

*
This order and judgment is not binding precedent, except under the doctrines of
law of the case, res judicata, and collateral estoppel. The court generally disfavors the
citation of orders and judgments; nevertheless, an order and judgment may be cited under
the terms and conditions of 10th Cir. R. 36.3.
**
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination of this
appeal. See Fed. R. App. P. 34(a)(2)(C); 10th Cir. R. 34.1(G). The case is therefore
ordered submitted without oral argument.
Plaintiff Terry Franklin filed a civil rights complaint challenging certain prison

conditions. A magistrate judge subsequently entered an order directing Plaintiff to pay an

initial filing fee of $14.00 or show cause why he had no assets or means by which to pay

the fee. When Plaintiff failed to comply, the district court dismissed his action without

prejudice. Defendant appeals. We grant Defendant’s motion to proceed on appeal IFP

and exercise jurisdiction under 28 U.S.C. § 1291.

We have thoroughly reviewed Plaintiff’s brief, the magistrate judge’s and district

court’s orders, and the entire record before us. Because Plaintiff did not timely comply

with the magistrate’s order, we affirm substantially for the reasons stated in the district

court’s order of dismissal.

AFFIRMED.

Entered for the Court,

Bobby R. Baldock
Circuit Judge