Oliver v. Omaha Police Department et al

Filing 18

MEMORANDUM OPINION - A separate order will be entered in accordance with this memorandum opinion. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JUSTIN OLIVER,

)
)
Plaintiff,
)
)
v.
)
)
OMAHA POLICE DEPARTMENT and
)
AARON GURZICK, ser no. 1884, )
)
Defendants.
)
______________________________)

8:14CV62

MEMORANDUM OPINION

This matter is before the Court on its own motion.
Plaintiff filed his complaint in this case on February 27, 2014
(Filing No. 1).

On April 16, 2014, the Court assessed an initial

partial filing fee in the amount of $1.40 in accordance with 28
U.S.C. § 1915(b)(1) (Filing No. 12).

On June 5, 2014, on its own

motion, the Court extended the time in which plaintiff had to pay
the initial partial filing fee (Filing No. 14).

The Court warned

plaintiff that failure to pay the initial partial filing fee
within 30 days would result in dismissal of this case.
The deadline for paying the fee has passed and
plaintiff has not paid it or asked for an extension of time in
which to do so.

Therefore, plaintiff’s case will be dismissed

because he failed 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 comply with
court’s order that he pay the assessed initial partial filing
fee).

A separate order will be entered in accordance with this

memorandum opinion.
DATED this 4th day of August, 2014.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

*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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