Cunning v. Johnson et al

Filing 8

ORDER dismissing pltf's complaint without prejudice for failure to comply with the Court's Order 6 ; judgment will be entered accordingly. Signed by Judge Susan Webber Wright on 6/14/12. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION DAMIANE EARL CUNNING, ADC #151377 V. PLAINTIFF CASE NO. 4:12CV00171 SWW/BD DAVID JOHNSON, et al. DEFENDANTS ORDER On March 15, 2012, Plaintiff Damiane Earl Cunning filed this case pro se under 42 U.S.C. § 1983. (Docket entry #1). However, he did not pay the $350.00 filing fee to initiate this action; nor did he file an application to proceed in forma pauperis. By Order of March 19, 2012, Mr. Cunning was directed to pay the filing fee or to submit an in forma pauperis application within thirty days. (#3) On April 27, 2012, Mr. Cunning filed an incomplete application for leave to proceed in forma pauperis. (#5) On May 2, 2012, he was again ordered to pay the filing fee or to submit a complete in forma pauperis application within 30 days. (#6) He was warned that failing to comply with the Court’s Order could result in dismissal of his lawsuit. Mr. Cunning has not filed a complete application or paid the filing fee, as ordered. Therefore, his Complaint is dismissed, without prejudice, under Local Rule 5.5(c)(2), for failing to satisfy the filing fee requirement. IT IS SO ORDERED this 14th day of June, 2012. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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