Sherman v. Hobbs et al

Filing 9

ORDER DISMISSING CASE without prejudice. Signed by Judge Susan Webber Wright on 7/1/11. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION PATRICK SHERMAN ADC #96304 Plaintiff, v. RAY HOBBS, Director, Arkansas Department of Correction; JEFFERSON COUNTY; JODI RAINES DENNIS, Circuit Judge, Jefferson County; and ROBERT H. WYATT, JR., Circuit Judge, Jefferson County Defendants. * * * * * * * * * * * * * * No. 5:11-cv-00056-SWW ORDER Plaintiff, Patrick Sherman, is an inmate in the Maximum Security Unit of the Arkansas Department of Correction. On March 8, 2011, he filed a pro se Complaint pursuant to 42 U.S.C. § 1983, with an Application to Proceed Without Prepayment of Fees and Affidavit (Affidavit). (Doc. Nos. 1, 2). Because Plaintiff had at least three prior complaints dismissed for failure to state a claim and was not in imminent danger of serious physical injury, the Court entered an Order on March 31, 2011, denying Plaintiff’s Application and ordering Plaintiff to submit the statutory filing fee within ten days of the date of the order. (Doc. No. 3). Thereafter, Plaintiff filed a Motion for Extension of Time to File Response/Reply to the Court’s March 31 Order and Objections to the Order. (Doc. Nos. 5, 6). On May 20, 2011, an Order was entered (Doc. No. 7) denying Plaintiff’s Motion for Extension of Time as moot and ordering Plaintiff to submit the statutory filing fee within ten days of the date of the Order. Plaintiff was warned that his failure to comply with the Order would result in a dismissal without prejudice of his Complaint. The ten day period has long since past and Plaintiff has failed to submit the $350 statutory filing fee. Plaintiff’s Complaint (Doc. No. 2) is, thereby, DISMISSED without prejudice. IT IS SO ORDERED this 1st day of July 2011. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE 2

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