Griffin v. Schmaderer et al

Filing 41

MEMORANDUM AND ORDER that Griffin's Complaint - Pro Se 1 is dismissed without prejudice because he 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 Warren K. Urbom. (Copy mailed to pro se party)(ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ARTHUR JAMES GRIFFIN JR.,
Plaintiff,
v.
TODD SCHMADERER, Omaha
Police Chief, MIKE MYERS,
Director, and DOUGLAS COUNTY
DEPARTMENT CORRECTIONS,
Defendants.

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8:13CV88

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. On March 15, 2013, the
plaintiff, Arthur James Griffin Jr. (“Griffin”), filed his Complaint in this matter along
with a Motion for Leave to Proceed in Forma Pauperis (“IFP”). (Filing Nos. 1 and 2.)
On April 17, 2013, I granted Griffin’s IFP motion and assessed an initial partial filing
fee pursuant to 28 U.S.C. § 1915(b)(1). (Filing No. 18.) In doing so, I warned Griffin
that his case would be subject to dismissal if he failed to pay the initial partial filing
fee by May 16, 2013. (Id.)
The May 16, 2013, deadline has passed and Griffin has not paid the initial
partial filing fee in this matter. (See Docket Sheet.) Therefore, Griffin’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.
Griffin’s Complaint (filing no. 1) is dismissed without prejudice because
he failed to comply with this court’s orders.
2.

All pending motions are denied.

3.
A separate judgment will be entered in accordance with this
Memorandum and Order.
Dated May 28, 2013.
BY THE COURT

__________________________________________
Warren K. Urbom
United States Senior District Judge

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