Mendez v. The United States of America et al

Filing 9

MEMORANDUM AND ORDER- Plaintiffs Complaint (filing no. 1 ) is dismissed without prejudice because Plaintiff failed to comply with this courts orders. A separate judgment will be entered in accordance with thisMemorandum and Order.Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA IVAN L. MENDEZ, Plaintiff, v. THE UNITED STATES OF AMERICA, et al., Defendants. ) ) ) ) ) ) ) ) ) ) 4:12CV3055 MEMORANDUM AND ORDER This matter is before the court on its own motion. On March 22, 2012, Plaintiff filed his Complaint in this matter along with a Motion for Leave to Proceed in Forma Pauperis (“IFP”). (Filing Nos. 1 and 2.) On May 31, 2012, the court granted Plaintiff’s IFP Motion and assessed an initial partial filing fee pursuant to 28 U.S.C. § 1915(b)(1). (Filing No. 8.) In doing so, the court warned Plaintiff that his case would be subject to dismissal if he failed to pay the initial partial filing fee by July 2, 2012. (Id.) The July 2, 2012, deadline has passed and Plaintiff has not paid the initial partial filing fee in this matter. (See Docket Sheet.) Therefore, Plaintiff’s case is dismissed for failing to comply with the court’s May 31, 2012, Memorandum and Order. 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. 2. A separate judgment will be entered in accordance with this Memorandum and Order. DATED this 18th day of July, 2012. BY THE COURT: s/ Joseph F. Bataillon 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. 2

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