IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02691-BNB

JEFFREY DAVID SIZEMORE,

Plaintiff,

v.

FEDERAL BUREAU OF PRISONS (The Entity), 

FPC AND FCI, FLORENCE, COLORADO (Contact Name Chris Synsboll),

FPC ADMINISTRATOR GARCIA, 

FPC PA-1 CAMACHO,

FPC CASE MANAGER PORCO, 

FCI CORRECTIONAL OFFICER J. WILCOX, 

FCI CORRECTIONAL OFFICER SANDOVAL, 

FCI CORRECTIONAL OFFICER WALK, 

FCI CORRECTIONAL OFFICER GROW, 

FCI CORRECTIONAL OFFICER SUDDOTH, 

FCI CORRECTIONAL OFFICER TROUTMAN, 

FCI CORRECTIONAL OFFICER PRICE, 

FCI CORRECTIONAL OFFICER, COULSON, 

FCI CORRECTIONAL OFFICER MARTÍNEZ (Female), 

FCI CAPTAIN BAUER, and

S. NAFZIGER, M.D., 

Defendants.

ORDER OF DISMISSAL

Plaintiff, Jeffrey David Sizemore, was a prisoner in the custody of the United

States Bureau of Prisons (BOP). He currently resides in Albuquerque, New Mexico. 

Mr. Sizemore filed pro se a Prisoner Complaint (ECF No. 1) asserting three claims for

money damages pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of

Narcotics, 403 U.S. 388 (1971). He paid the $350.00 filing fee. 

Case 1:11-cv-02691-LTB Document 8 Filed 02/13/12 USDC Colorado Page 1 of 4
2

On November 25, 2011, the Court ordered Mr. Sizemore to show cause within

thirty days why the misjoined parties in this action should not be dismissed or the claims

against them severed. He also was directed to submit to the Court a separate

document providing the complete address for each named Defendant. 

Mr. Sizemore failed, within the time allowed, to respond to the November 25

order to show cause or otherwise to communicate with the Court in any way. 

Therefore, on January 4, 2012, the Court again ordered Mr. Sizemore to show cause,

within fifteen days, why the instant action should not be dismissed for his failure to

prosecute. On January 12, 2012, Mr. Sizemore submitted a response (ECF No. 4) to

the January 4 order to show cause in which he asked to be allowed to combine his

three asserted claims into one claim asserted against a Defendant he listed as:

Federal Bureau of Prisons (The Entity), 

FPC and FCI, Florence, Colorado (Contact Name Chris

Synsboll). 

ECF No. 4 at 1. On January 13, 2012, he submitted two separate documents (ECF

Nos. 5 and 6), providing an address for the United States Penitentiary, High Security

(USP-High), in Florence, Colorado, which is not a named Defendant. 

In an order entered on January 23, 2012, the Court liberally construed the 

January 12 response as a motion to amend, informed Mr. Sizemore he could not do

what he asked because he cannot sue the BOP in a Bivens action, and denied the

motion. The Court also informed Mr. Sizemore he could not circumvent the directives of

the November 25 show-cause order concerning joinder by suing an improper Defendant

for damages. 

Case 1:11-cv-02691-LTB Document 8 Filed 02/13/12 USDC Colorado Page 2 of 4
3

The January 23 order gave Mr. Sizemore one final opportunity to respond to the

November 25 order to show cause within fifteen days, and directed him to specify to the

Court which claims he intended to pursue against which Defendants in the instant

action, and which claims against which Defendants he wanted to dismiss. The Court

warned Mr. Sizemore that if, in response to the January 23 order, he again submitted a

nonresponsive filing, the Court would sever the instant action into three lawsuits. Mr.

Sizemore also was advised that he may petition the Court for leave to proceed in forma

pauperis in the severed lawsuits; however, he still would owe $350.00 in each lawsuit,

which he either could pay in installments or show cause on a monthly basis why he was

unable to do so. Lastly, the January 23 order warned Mr. Sizemore that if he failed to

respond within the time allowed, the complaint and the action would be dismissed

without further notice. 

Mr. Sizemore has failed, within the time allowed, to respond to the January 23

order, or otherwise to communicate with the Court in any way. Therefore, the

complaint and the action will be dismissed without prejudice for Mr. Sizemore’s failure, 

within the time allowed, to show cause as directed in the November 25, 2011, order. 

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

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. Sizemore 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 United States

Court of Appeals for the Tenth Circuit within thirty days in accordance with Fed. R. App.

P. 24. 

Case 1:11-cv-02691-LTB Document 8 Filed 02/13/12 USDC Colorado Page 3 of 4
4

Accordingly, it is

ORDERED that the complaint (ECF No. 1) and the action are dismissed without

prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for the failure of

Plaintiff, Jeffrey David Sizemore, within the time allowed, to show cause as directed in

the order of November 25, 2011, and for his failure to prosecute. It is

FURTHER ORDERED that any pending motions are denied as moot. It is

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

denied. 

DATED at Denver, Colorado, this 13th day of February , 2012.

BY THE COURT: 

 s/Lewis T. Babcock 

LEWIS T. BABCOCK

Senior Judge, United States District Court

Case 1:11-cv-02691-LTB Document 8 Filed 02/13/12 USDC Colorado Page 4 of 4