Luevano v. Ruiz et al

Filing 11

MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: This matter is dismissed without prejudice for failure to pay the court's filing fee and for failure to comply with a court order. A separate judgment will be entered in accordance with this Memorandum and Order. All pending Motions are denied. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JAIME LUEVANO,
Plaintiff,
v.
R. RUIZ, SGT. DE LOS SANTOS,
WARDENS, Huntsville Tx., and GOV.
RICK PERRY, et al.,
Defendants.

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CASE NO. 8:12CV232

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. On July 13, 2012, the court
entered a Memorandum and Order requiring Plaintiff to either pay the $350.00 filing fee or
submit a motion for leave to proceed in forma pauperis. (Filing No. 4.) The court cautioned
Plaintiff that, even if he was permitted to proceed in forma pauperis, he would still be
required to pay the entire $350.00 filing fee. However, he would be allowed to pay the filing
fee in installments in accordance with 28 U.S.C. § 1915. (Id.)
In response, Plaintiff filed a Motion for Leave to Proceed In Forma Pauperis. (Filing
No. 7.) However, Plaintiff did not submit a certified trust account statement with his Motion.
The Clerk of the court attempted to obtain this information directly from Plaintiff’s institution,
but the institution advised the Clerk of the court that the inmate is responsible for obtaining
and submitting his trust account information to the court. (See Docket Sheet, August 31,
2012, Public Remark.) Because the court could take no action in this matter until Plaintiff
either submitted the $350.00 filing fee or a certified trust account statement, it gave Plaintiff
until October 31, 2012, to either pay the entire $350.00 filing fee or submit a certified trust
account statement. (Filing No. 9.) The court warned Plaintiff that if he failed to take either
action, this matter would “be dismissed without prejudice and without further notice.” (Id.)

Plaintiff has not paid the filing fee and has not submitted a certified trust account
statement. (See Docket Sheet.) Instead, Plaintiff filed a “Motion to Enforce Trust Account,
Etc.,” in which he complains generally about the court’s previous Memorandum and Order.
(Filing No. 10.) There is nothing before the court showing that Plaintiff has complied, or
intends to comply, with the court’s previous Memorandum and Order. As such, and in
accordance with the October 1, 2012, Memorandum and Order, this matter is dismissed.
IT IS THEREFORE ORDERED that:
1.

This matter is dismissed without prejudice for failure to pay the court’s filing
fee and for failure to comply with a court order;

2.

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

3.

All pending Motions are denied.

DATED this 20th day of November, 2012.
BY THE COURT:

s/Laurie Smith Camp
Chief United States District Judge

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