Rutherford v. Skrdlant et al

Filing 9

MEMORANDUM AND ORDER - Plaintiff's Complaint (filing no. 1 ) is dismissed without prejudice because Plaintiff failed to comply with this court's orders; and a separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party) (TEL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
TONY CASTINO RUTHERFORD,
Plaintiff,
v.
MEGAN SKRDLANT, et al.,
Defendants.

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CASE NO. 4:11CV3130

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. Plaintiff filed a Complaint in this
matter on August 2, 2011. (Filing No. 1.) Thereafter, this court granted his Motion for
Leave to Proceed in Forma Pauperis (“IFP”), and assessed an initial partial filing fee in
accordance with 28 U.S.C. § 1915(b)(1). In addition, the court warned Plaintiff that his
case would be subject to dismissal if he failed to pay the initial partial filing fee by
September 12, 2011. (Filing No. 6.) Subsequently, the court extended the time for Plaintiff
to pay the initial partial filing fee until October 27, 2011. (Filing No. 8.)
The October 27 deadline has passed and Plaintiff has not paid his initial partial filing
fee in this matter. (See Docket Sheet.) Accordingly, Plaintiff’s case will be dismissed for
failure to comply with the court’s orders. See Fed. R. Civ. Pro. 41(b); see also Conley v.
Holden, No. 03-3908, 2004 WL 2202452, at *1 (8th Cir. Sept. 21, 2004) (affirming district
court’s dismissal of inmate’s case for failing to pay the assessed initial partial filing fee).

IT IS THEREFORE ORDERED that:
1.

Plaintiff’s Complaint (filing no. 1) is dismissed without prejudice because
Plaintiff failed to comply with this court’s orders; and

2.

A separate judgment will be entered in accordance with this Memorandum
and Order.

DATED this 28th day of November, 2011.
BY THE COURT:

s/Laurie Smith Camp
United States District Judge

*This opinion may contain hyperlinks to other documents or Web sites. The U.S. District Court for
the District of Nebraska does not endorse, recommend, approve, or guarantee any third parties or the
services or products they provide on their Web sites. Likewise, the court has no agreements with any of
these third parties or their Web sites. The court accepts no responsibility for the availability or functionality
of any hyperlink. Thus, the fact that a hyperlink ceases to work or directs the user to some other site does
not affect the opinion of the court.

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