Behrens v. Chase Home Finance
Filing
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MEMORANDUM AND ORDER - Plaintiffs Complaint (filing no. 1 ) is dismissed without prejudice because Plaintiff failed to comply with this court's orders. All pending motions are denied. 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)(AOA)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BRYAN BEHRENS,
Plaintiff,
v.
CHASE HOME FINANCE,
Defendant.
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8:13CV17
MEMORANDUM
AND ORDER
This matter is before the court on its own motion. On January 11, 2013,
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 March 25, 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. 17.) 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
April 25, 2013. (Id.) On April 18, 2013, the court extended the deadline for Plaintiff
to pay the initial partial filing fee until May 27, 2013. (Filing No. 20.)
The May 27, 2013, 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 orders. 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.
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2.
All pending motions are denied.
3.
A separate judgment will be entered in accordance with this
Memorandum and Order.
DATED this 3rd day of June, 2013.
BY THE COURT:
Richard G. Kopf
Senior 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.
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