Fizer v. Rivard et al

Filing 4

OPINION and ORDER of Dismissal re 1 Complaint. Signed by District Judge Denise Page Hood. (LSau)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

JAVONTE DEAMER FIZER, #884143,
Plaintiff,
CASE NO. 2:14-CV-13198
HONORABLE DENISE PAGE HOOD

v.
STEVEN RIVARD, et al.,
Defendants.
/

OPINION AND ORDER OF DISMISSAL
The Court has before it Plaintiff Javonte Deamer Fizer’s pro se civil rights complaint
brought pursuant to 42 U.S.C. § 1983.

Plaintiff, a state prisoner at the St. Louis

Correctional Facility in St. Louis, Michigan, alleges that his rights were violated during
prison misconduct proceedings which resulted in segregation and a loss of privileges. At
the time he filed his complaint, Plaintiff did not pay the required filing fee and administrative
fee, nor did he submit an application to proceed without prepayment of the filing fee. See
28 U.S.C. § 1915(a)(2). Consequently, the Court issued a deficiency order requiring
Plaintiff to either pay the filing fee and administrative fee, or submit a properly completed
application to proceed without prepayment of the filing fee within 30 days – by September
24, 2014. The order provided that if Plaintiff did not do so, his case would be dismissed.
Plaintiff has failed to correct the deficiency within the allotted time. Accordingly, the Court
DISMISSES WITHOUT PREJUDICE his complaint. This case is closed.
IT IS SO ORDERED.

S/Denise Page Hood
Denise Page Hood
United States District Judge
Dated: January 21, 2015

I hereby certify that a copy of the foregoing document was served upon counsel of record
on January 21, 2015, by electronic and/or ordinary mail.
S/LaShawn R. Saulsberry
Case Manager

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