Hunter v. Lovett et al

Filing 15

ORDER dismissing case re 2 Notice (Other). The Complaint is DISMISSED, without prejudice, for the reasons herein. The Clerk shall terminate any pending motions, enter judgment accordingly, and close this case. Signed by Judge Sheri Polster Chappell on 3/13/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JAMES MICHAEL HUNTER,
Plaintiff,
v.

Case No: 2:17-cv-82-FtM-99MRM

FNU LOVETT, FNU ANDERSON,
FNU STAHLING, FNU WALKER, JD,
FLORIDA STATE PRISON and
CONFINEMENT OFFICERS,
Defendants.
/
ORDER OF DISMISSAL1
This matter comes before the Court upon periodic review of the file. On Feburary
8, 2017, the Court issued standing orders explaining to Plaintiff that when a pro se
prisoner initiates an action he or she has thirty days to pay the filing fee or apply for in
forma pauperis status. See Doc. #9. As the order stated, under Local Rule 1.03(e) (M.D.
Fla. 2010) the case is subject to dismissal sua sponte if the filing fee is not paid or the
application is not filed within thirty days of commencement of the action.
More than thirty days have passed since Plaintiff initiated this action on December
19, 2016, and since the action was transferred to this Court on February 7, 2017. As of

1

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the date on this Order, Plaintiff has not paid the filing fee or filed an application for leave
to proceed as a pauper. See docket. Accordingly, this action is subject to dismissal
without prejudice due to Plaintiff’s failure to comply with the Court’s standing order and
Local Rule 1.03(e).2
ACCORDINGLY, it is hereby
ORDERED:
1. The Complaint is DISMISSED, without prejudice, for the reasons herein.
2. The Clerk shall terminate any pending motions, enter judgment accordingly,
and close this case.
DONE and ORDERED in Fort Myers, Florida on this 10th day of March, 2017.

FTMP-1
Copies: All Parties of Record

2Petitioner

should note that under 28 U.S.C. § 2244(d), Petitioner remains subject
to the statute of limitations and the filing of the instant petition does not toll the deadline.

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