Banks v. Aviant et al

Filing 9

ORDER that pltf's claims are DISMISSED WITHOUT PREJUDICE for failure to comply with the Court's Order 7 ; judgment will be entered accordingly. Signed by Chief Judge J. Leon Holmes on 6/15/12. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION FREDERICK BANKS Reg #05711-068 v. PLAINTIFF NO. 2:12CV00069 JLH/BD AVIANT, et al. DEFENDANTS ORDER On April 16, 2012, plaintiff Frederick Banks, a federal inmate housed at the Federal Correctional Institution in Forrest City, Arkansas (“FCIFC”), filed this case alleging that FCIFC employees violated his right to equal protection of the law. Banks filed an application to proceed in forma pauperis, but he was ineligible for in forma pauperis status because he had filed three prior lawsuits that were dismissed for failure to state a claim. See 28 U.S.C. § 1915(g). On April 23, 2012, Banks was ordered to pay the statutory filing fee within thirty days or risk dismissal of his case. In spite of this warning, Banks has not paid the filing fee, and the time to do so has passed. Accordingly, Banks’s claims are DISMISSED, without prejudice, for failure to comply with the Court’s April 23, 2012 Order to pay the filing fee. See Local Rule 5.5(c)(2). IT IS SO ORDERED this 15th day of June, 2012. ___________________________________ UNITED STATES DISTRICT JUDGE

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