Miller v. Fidelity Investment

Filing 22

Judge F. Dennis Saylor, IV: ORDER entered. This action is dismissed without prejudice for failure to pay the filing fee. (PSSA, 4)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
_______________________________________
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ROBERT E. MILLER, JR.,
)
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Plaintiff,
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Civil Action No.
v.
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12-11440-FDS
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FIDELITY INVESTMENTS,
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Defendant.
)
)
ORDER
SAYLOR, J.
Plaintiff Robert Miller, an inmate at FCI Terre Haute, initiated this civil action against
Fidelity Investments by filing a complaint and an application to proceed in forma pauperis.
Miller’s application to proceed in forma pauperis was initially granted. However, upon
preliminary screening of the complaint, the Court discovered that Miller was not entitled to
proceed in forma pauperis pursuant to 28 U.S.C. § 1915(g) because he had three non-habeas
civil actions or appeals previously dismissed as frivolous, as malicious, or for failing to state a
claim upon which relief can be granted.
By order dated March 28, 2013, Miller’s in forma pauperis status was revoked. He was
advised that this action would be dismissed unless he paid the required $350 filing fee within 28
days. To date, he has not responded to the Court’s order and the time for doing so has expired.
Accordingly, this action is dismissed without prejudice for failure to pay the filing fee.
So Ordered.

Dated: May 9, 2013

/s/ F. Dennis Saylor
F. Dennis Saylor IV
United States District Judge