Finnan v. Fye

Filing 11

ORDER DISMISSING WITHOUT PREJUDICE 1 Complaint. As of this date, Plaintiff has failed to pay the initial partial filing fee or respond to the May 31, 2011 Order to Show Cause. Because of his failure to comply with the Courts instructions, Plaintiffs case is hereby DISMISSED WITHOUT PREJUDICE. Ordered by Judge Marc Thomas Treadwell on 6/20/2011. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
DAVID WESLEY FINNAN,

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Plaintiff
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VS.
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Dr. FYE,
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Defendant
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NO. 5:11-CV-77 (MTT)

ORDER
Plaintiff DAVID WESLEY FINNAN, a prisoner at Macon State Prison in Oglethorpe,
Georgia, has filed a pro se civil rights complaint under 42 U.S.C. § 1983. On May 2, 2011,
the Court granted Plaintiff’s Motion to Proceed in forma paupers but ordered Plaintiff to pay
an initial partial filing fee in the amount of $ 7.50. Plaintiff failed to pay the initial partial filing
fee.
Therefore, in an Order to Show Cause dated May 31, 2011, the Court ordered
Plaintiff to show cause why his case should not be dismissed for failure to pay the initial
partial filing fee. Plaintiff was specifically ordered to explain what steps he took to comply
with the Court’s May 2, 2011 Order. Plaintiff was further warned that failure to respond to
the Court’s Order would result in the immediate dismissal of this action.
As of this date, Plaintiff has failed to pay the initial partial filing fee or respond to the
May 31, 2011 Order to Show Cause. Because of his failure to comply with the Court’s
instructions, Plaintiff’s case is hereby DISMISSED WITHOUT PREJUDICE.
SO ORDERED, this 20th day of June, 2011.
s/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
jlr