Lo Grande v. Douglas County Dept. of Corrections et al

Filing 12

MEMORANDUM OPINION - The September 20, 2013, deadline has passed and plaintiff has not paid the initial partial filing fee in this matter. Therefore, plaintiff's case will be dismissed for failing to comply with the Court's orders. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party) (AOA)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CHARLES J. LO GRANDE,

)
)
Plaintiff,
)
)
v.
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DOUGLAS COUNTY DEPT. OF
)
CORRECTIONS, et al.,
)
)
Defendants.
)
______________________________)

8:13CV177

MEMORANDUM OPINION

This matter is before the Court on its own motion.

On

June 12, 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 July 29, 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. 8).

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
August 19, 2013.

(Id.)

On August 15, 2013, plaintiff filed a

motion to waive his filing fee (Filing No. 9).

The Court denied

the motion, but extended the time for plaintiff to pay his
initial partial filing fee until September 20, 2013 (Filing No.
10).
The September 20, 2013, deadline has passed and
plaintiff has not paid the initial partial filing fee in this
matter.

(See Docket Sheet.)

Therefore, plaintiff’s case will be

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).

A separate order will

be entered in accordance with this memorandum opinion.
DATED this 1st day of October, 2013.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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