IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02314-BNB

EDMOND WALKER,

Plaintiff,

v.

STARK,

Defendant. 

ORDER OF DISMISSAL

Plaintiff, Edmond Walker, currently is incarcerated at the Jefferson County

Detention Center in Golden, Colorado. Mr. Walker, acting pro se, filed a Prisoner

Complaint. He has been granted leave to proceed pursuant to 28 U.S.C. § 1915

without payment of an initial partial filing fee. 

In his complaint, Mr. Walker alleges that Defendant Stark, a Denver police

officer, violated his constitutional rights on July 16, 2010, by confiscating his bicycle as

stolen even after he showed the officer a receipt for the purchase of the bicycle. He

asserts that he filed a complaint with the Office of Independent Monitor, which referred

his complaint to the Denver police department’s internal affairs division, but his bicycle

was not returned and allegedly is not at the police department. It is not clear whether

Plaintiff’s current incarceration at the Jefferson County Detention Center is related to the

bicycle incident. 

On November 2, 2011, Magistrate Judge Boyd N. Boland ordered Mr. Walker to

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show cause within thirty days why the instant action should not be dismissed as

repetitive of Walker v. Stark, No. 11-cv-01676-LTB (D. Colo. July 20, 2011), in which 

Mr. Walker made similar allegations against the same Defendant. In the order

dismissing No. 11-cv-01676-LTB as legally frivolous, Mr. Walker was informed that he

had an adequate remedy available to him in state court under state law. 

In the November 2 order to show cause in the instant action, Magistrate Judge

Boland informed Mr. Walker that repetitious litigation of virtually identical causes of

action may be dismissed as frivolous or malicious. See Bailey v. Johnson, 846 F.2d

1019, 1021 (5th Cir. 1988) (per curiam); Van Meter v. Morgan, 518 F.2d 366, 368 (8th

Cir. 1975) (per curiam). Magistrate Judge Boland noted that the Court may consult its

own records to determine whether a pleading repeats pending or previously litigated

claims. See Duhart v. Carlson, 469 F.2d 471 (10th Cir. 1972). Finally, Magistrate

Judge Boland pointed out in the November 2 order that the claims asserted in the

instant action appeared to be repetitive of Mr. Walker’s claims in No. 11-cv-01676-LTB,

and ordered him to show cause why this action should not be dismissed. The

November 2 order warned Mr. Walker that if he failed to show cause within thirty days

the action would be dismissed without further notice. 

Mr. Walker has failed to show cause or otherwise communicate with the Court in

any way within the time allowed. Therefore, the complaint and the action will be

dismissed pursuant to § 1915 as frivolous or malicious because the asserted claims are

repetitive of the claims asserted in No. 11-cv-01676-LTB. 

Finally, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal

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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. Walker 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 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 complaint and the instant action are dismissed pursuant to

28 U.S.C. § 1915 as frivolous or malicious because the asserted claims are repetitive of

the claims Plaintiff, Edmond Walker, asserted in Walker v. Stark, No. 11-cv-01676-LTB

(D. Colo. July 20, 2011). It is

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

denied. 

DATED at Denver, Colorado, this 9th day of December , 2011.

BY THE COURT:

 s/Lewis T. Babcock 

LEWIS T. BABCOCK, Senior Judge 

United States District Court 

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