Gonzalez v. United States Drug Enforcement Administration
MEMORANDUM AND ORDER - Plaintiff's Complaint (Filing No. 1 ) is dismissed without prejudice because Plaintiff failed to comply with this court's orders. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (AOA)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
EDGAR BRAVO GONZALEZ,
UNITED STATES DRUG
This matter is before the court on its own motion. On December 26, 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 February 20, 2013, 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. 6.) In doing so, the court warned Plaintiff that his
case would be dismissed if he failed to pay the initial partial filing fee by March 20,
The March 20, 2013, deadline has passed and Plaintiff has not paid the initial
partial filing fee in this matter or asked for an extension of time in which to do so.
(See Docket Sheet.) Therefore, Plaintiff’s case is dismissed for failing to comply with
the court’s February 20, 2013, 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.
A separate judgment will be entered in accordance with this
Memorandum and Order.
DATED this 5th day of April, 2013.
BY THE COURT:
s/ John M. Gerrard
United States District Judge
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