Biggins v. Phelps et al

Filing 6

MEMORANDUM ORDER DISMISSING CASE without prejudice for failure to pay the $350.00 filing fee owed. (copy to pltf.) (CASE CLOSED) Signed by Judge Gregory M. Sleet on 1/30/2012. (lih)

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF DELAWARE

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) Civ. Action No. 11-388-GMS
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JAMES ARTHUR BIGGINS,
Plaintiff,

v.
PERRY PHELPS, et aI.,
Defendants.

MEMORANDUM ORDER
At Wilmington this?JQ

~ay of ~

, 2012;

WHEREAS, the plaintiff filed a civil rights action pursuant to 42 U.S.C. § 1983 without
prepayment of the filing fee;
WHEREAS, on June 15, 2011, the court entered an order denying leave to proceed in

forma pauperis because the plaintiff had three prior suits dismissed as frivolous or for failure to
state a claim upon which relief may be granted, and the instant complaint does not allege an
imminent threat of physical injury (D.!. 3);
WHEREAS, the plaintiff filed a motion for reconsideration, denied by the court on July
22,2011 (D.!. 5);
WHEREAS, the plaintiff was given until thirty days from the date of the July 22, 2011
order to pay the filing fee and was warned that failure to pay the filing fee within the required time
would result in dismissal ofthe case pursuant to 28 U.S.C. § 1915(g);
WHEREAS, the time has lapsed and the plaintiff has not paid the $350.00 filing fee owed
to this court;

THEREFORE, IT IS HEREBY ORDERED that the plaintiffs complaint is DISMISSED
without prejudice. The clerk of court is directed to close the case.

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