Jones #758104 v. Prelesnik et al

Filing 10

ORDER DISMISSING CASE without prejudice for lack of prosecution. Plaintiff shall remain liable for the $350.00 filing fee; signed by Chief Judge Paul L. Maloney (Chief Judge Paul L. Maloney, kw)

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UNITED STATES OF AMERICA UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CARL LEE JONES, Plaintiff, Case No. 1:12-cv-719 v. Honorable Paul L. Maloney JOHN PRELESNIK et al., Defendants. ____________________________________/ ORDER This is a civil rights action brought by a state prisoner pursuant to 42 U.S.C. § 1983. By order entered July 30, 2012 (docket #7), the Court granted Plaintiff’s request to proceed in forma pauperis and required Plaintiff to pay an initial partial filing fee of $0.78 pursuant to 28 U.S.C. § 1915(b)(1). The Court ordered that the initial partial filing fee be paid within 28 days, and warned Plaintiff that his case would be dismissed without prejudice should he fail to pay. The Court also warned Plaintiff that he would remain liable for the filing fee. Twenty-eight days have now elapsed, and Plaintiff has not paid the fee. Because Plaintiff has failed to comply with the Court’s order, the Court will dismiss the action without prejudice for lack of prosecution. Plaintiff shall remain liable for the $350.00 civil action filing fee. Dated: September 18, 2012 /s/ Paul L. Maloney Paul L. Maloney Chief United States District Judge

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