Wilson v. Alma, City of et al

Filing 12

ORDER granting 11 Motion to Dismiss. Signed by Honorable Jimm Larry Hendren on May 27, 2009. (lw)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION VAUGHN DAMON WILSON v. CITY OF ALMA, ARKANSAS; ALMA CITY COURT; and THE STATE OF ARKANSAS ORDER Now on this 27th day of May, 2009, comes on for consideration plaintiff's Motion To Dismiss (document #11), and from said documents the Court finds and orders as follows: Plaintiff applied for, and was granted, in forma pauperis (ifp) status in this case. That status allows a qualified person Civil No. 09-2025 PLAINTIFF

DEFENDANTS

to file a lawsuit in United States District Court without payment of the $350 filing fee. The Court later determined that plaintiff was not eligible for ifp status, and entered an Order giving him until June 1, 2009, to pay his filing fee, failing which his case would be dismissed. Plaintiff now moves to dismiss, asserting that "[i]t appears that the court has predetermined that it has no jurisdiction in this case." That, of course, is not what happened at all. The

Court simply determined that plaintiff would have to pay the filing fee paid by any non-indigent litigant if he wanted to use the United States District Court to resolve his dispute with the defendant. granted. It seems that he does not, and his motion will be

IT IS THEREFORE ORDERED that this matter is dismissed. /s/ Jimm Larry Hendren JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE

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