Garcia v. State of Nebraska et al
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 Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ANTHONY JOSEPH GARCIA,
STATE OF NEBRASKA, et al.,
This matter is before the court on its own motion. On December 4, 2013,
Plaintiff filed his Complaint in this matter (filing no. 1), along with a Motion for
Leave to Proceed in Forma Pauperis (“IFP”) (filing no. 2). On December 17, 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. 9.) 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 January 20, 2014. (Id.) Plaintiff thereafter filed four letters with the
court. (Filing Nos. 10, 11, 12, and 13.) In these letters, Plaintiff indicates that he is
in administrative confinement and attaches documents showing that “he is allowed to
request law books and/or cases to be used in his room 3 times per week.” (Id.)
Plaintiff’s letters show that he has the ability to send inmate request forms and that he
can communicate with the court. (Id.)
Despite his demonstrated ability to communicate with this court and his
institution, Plaintiff did not request an extension of time to pay his initial partial filing
fee nor did he pay the fee by the court’s January 20, 2014, deadline. (See Docket
Sheet.) Therefore, Plaintiff’s case is dismissed for failing to comply with the court’s
December 17, 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 13th day of February, 2014.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge
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