Summary
The United States District Court for the District of Colorado enforces filing restrictions previously imposed on Andre J. Twitty and dismisses his pro se civil action without prejudice. The court finds that Twitty failed to comply with the required procedure for initiating an action despite being subject to those restrictions. The court also vacates the status conference, denies in forma pauperis status for an appeal without prejudice, and directs the Clerk to close the case.
Court
United States District Court for the District of Colorado
Jurisdiction
United States District Court for the District of Colorado
Decision date
March 6, 2026
Docket number
25-cv-02584-CYC
Disposition
dismissed
Questions Presented
- Whether the court should enforce the prior filing restrictions against Twitty.
- Whether Twitty's complaint and action should be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) for failure to comply with the filing restrictions.
- Whether Twitty should be denied leave to proceed in forma pauperis on appeal because an appeal would not be taken in good faith.
Holdings
- The court enforced the filing restrictions imposed in Twitty v. Daniels because Twitty filed this pro se action without completing the required leave-to-file process and disclosures.
- The action was dismissed without prejudice under Federal Rule of Civil Procedure 41(b) because Twitty failed to comply with the sanction order restricting his ability to file pro se actions in the District of Colorado.
- The court denied leave to proceed in forma pauperis on appeal because it certified that any appeal from the order would not be taken in good faith, while leaving Twitty free to seek in forma pauperis status from the Tenth Circuit.
Court Document
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