Zani v. U.S. Marshals Service et al

Filing 7

ORDER by Judge Charles R. Simpson, III on 12/10/08; for the reasons set forth in Memorandum Opinion 6 ; this instant action is DISMISSED for failure to comply with a prior Order of this Court and failure to prosecute. Leave to appeal to the Court of Appeals in forma pauperis is DENIED. This is a Final Order.cc:Plaintiff, pro se (SC)

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE ROBERT JOSEPH ZANI v. UNITED STATES MARSHAL SERVICE et al. ORDER Robert Joseph Zani, pro se, having failed to pay the $350 filing fee as ordered by the Court, IT IS ORDERED that the instant action is DISMISSED pursuant to Fed. R. Civ. P. 41(b) for failure to comply with a prior Order of this Court and failure to prosecute. Zani remains obligated to pay the filing fee in full notwithstanding his failure to comply with the prior Order of this Court. See McGore v. Wrigglesworth, 114 F.3d 601, 605 (6th Cir. 1997). There being no just reason for delay in its entry, this is a final Order. Leave to appeal to the Court of Appeals in forma pauperis is DENIED pursuant to 28 U.S.C. § 1915(a)(3) because such an appeal would not be taken in good faith. Date:
December 10, 2008

PLAINTIFF CIVIL ACTION NO. 3:08-CV-P333-S DEFENDANTS

cc:

Zani, pro se

4411.009