Despart v. Scott et al

Filing 12

OPINION AND ORDER dismissing without prejudice re: 1 Complaint. The Clerk of the Court shall enter judgment accordingly, terminate any pendingmotions and deadlines, and close the file. Signed by Judge Sheri Polster Chappell on 9/21/2017. (SLU)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
THOMAS G. DESPART,
Plaintiff,
v.

Case No: 2:17-cv-354-FtM-99MRM

RICK SCOTT, MIKE CAROL, JERRY
BOYAL and DONALD SAWYER,
Defendants.
/
OPINION AND ORDER1
This matter comes before the Court upon the periodic review of the file. On June
23, 2017, this Court issued a standing order explaining that a pro se plaintiff held in
confinement has thirty days from the date the action is initiated to either pay the filing fee
or move for leave to proceed in forma pauperis (IFP). (Doc. #4). 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.
Plaintiff did timely move the Court for leave to proceed IFP, which was granted on
July 28, 2017. At that time Plaintiff was assessed a $14.00 filing fee. More than thirty

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days have passed since the Plaintiff was assessed the $14.00 filing fee and to date
Plaintiff has failed to pay. Since Plaintiff has failed to pay the filing fee within thirty days
of the assessment, this action is due to be dismissed under the terms of the Court’s Order
and Local Rule 1.03(e).
Accordingly, it is now
ORDERED:
1. Plaintiff’s Complaint (Doc. #1) is hereby DISMISSED without prejudice for the
reasons stated herein.
2. The Clerk of the Court shall enter judgment accordingly, terminate any pending
motions and deadlines, and close the file.
DONE and ORDERED in Fort Myers, Florida this 21st day of September, 2017.

Copies: All Parties of Record

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