Barnett v. United States Tennis Association

Filing 13

ORDERED that this case is dismissed without prejudice due to plaintiff's failure to prosecute this action. A separate final judgment will be entered consistent with this order. Signed by Hon. Chief Judge Mark E. Fuller on 12/17/09. (sl, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION K E N N E T H W. BARNETT, P la in tif f , v. U N IT E D STATES TENNIS A S S O C IA T IO N , D e f e n d a n t. ) ) ) ) ) ) ) ) ) )

C A S E NO. 2:09-cv-1060-MEF (W O - DO NOT PUBLISH)

ORDER O n November 17, 2009, the Court entered an Order (Doc. #4) denying Plaintiff' s M o tio n For Leave To Proceed In Forma Pauperis (Doc. #2) and instructing Plaintiff to p a y the civil filing fee " n o later than 5:00 p. m . on Monday, November 30, 2009. " The C o u r t admonished Plaintiff that " h is lawsuit may be dismissed for want of prosecution if h e fails to pay the filing fee. " On December 3, 2009, Plaintiff submitted a partial payment o f the filing fee totaling $20. 0 0 . On December 8, 2009, the Court entered an Order (Doc. # 1 1 ) directing Plaintiff to pay the balance of the fee on or before December 15, 2009, and a d m o n is h e d Plaintiff that failure to pay the fee in full " w ill" result in the dismissal of his c a s e . Plaintiff has failed to pay the filing fee within the time instructed by the Court. Accordingly, it is

ORDERED that this case is DISMISSED without prejudice due to Plaintiff' s fa ilu r e to prosecute this action. A separate final judgment will be entered consistent with this Order. D O N E this the 17th day of December, 2009.

/s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE

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