Burries v. Houston, et al

Filing 6

MEMORANDUM AND ORDER- Plaintiff's Complaint 1 is dismissed without prejudice because Plaintiff failed to comply with this court's orders and local rules. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ANTHONY L. BURRIES,
Plaintiff,
v.
RICHARD CRUICKSHANK, et al.,
Defendants.

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4:13CV3218

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. On December 19, 2013,
Plaintiff filed his Complaint in this matter. (Filing No. 1.) However, Plaintiff failed
to pay the filing fee or file a motion for leave to proceed in forma pauperis. (See
Docket Sheet.) On December 27, 2013, the court directed Plaintiff to either tender the
$400.00 filing and administrative fees to the Clerk of the court or submit a request to
proceed in forma pauperis. (Filing No. 4.) In doing so, the court warned Plaintiff that
failure to comply by January 27, 2014, would result in the dismissal of this matter
without further notice. (Id.)
On January 13, 2014, the court’s December 27, 2013, Memorandum and Order
was returned as undeliverable. (Filing No. 5.) Plaintiff has not updated his address
and his whereabouts are unknown. Plaintiff has an obligation to keep the court
informed of his current address at all times. See NEGenR 1.3(e) and (g) (requiring pro
se parties to adhere to local rules and inform the court of address changes within 30
days). In addition, Plaintiff did not pay the filing fee or request leave to proceed in
forma pauperis by January 27, 2014. (See Docket Sheet.) Accordingly,
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 the local rules.

2.
A separate judgment will be entered in accordance with this
Memorandum and Order.
DATED this 13th day of February, 2014.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge

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