Perry v. Flowers
MEMORANDUM AND ORDER - Plaintiffs Complaint (Filing No. 1 ) is dismissed without prejudice becausePlaintiff failed to comply with this courts orders; and a separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(MKR )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LARRY JAMES PERRY,
KAREN B. FLOWERS,
CASE NO. 4:12CV3095
This matter is before the court on its own motion. On May 9, 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 24, 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. 7.)
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 June 25, 2012. (Id.)
The June 25, 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 24, 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:
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
DATED this 18th day of July, 2012.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge
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