Davis v. Brown et al

Filing 8

ORDERED that this action is DISMISSED without prejudice for the failure of plaintiff to comply with this court's order to pay the filing fee. FURTHER ORDERED that plaintiff's "motion of declaration of request for leave to proceed in forma pauperis (docket #6) is DENIED. FURTHER ORDERED that the Clerk shall ENTER JUDGMENT accordingly and close this case. Signed by Judge Kent J. Dawson on 2/8/11. (Copies have been distributed pursuant to the NEF - MMM)

-GWF Davis v. Brown et al

Doc. 8

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Plaintiff filed this action pursuant to 42 U.S.C. § 1983. On December 17, 2010, the court 16 issued an order denying plaintiff's application to proceed in forma pauperis because he has had "three 17 strikes" under 28 U.S.C. § 1915(g) (docket #2). 18 On January 20, 2011 plaintiff filed a handwritten document, not on the court's form, that 19 he called "motion of declaration of request for leave to proceed in forma pauperis" (docket #6). He 20 repeats some of the allegations set forth in an earlier "affidavit" (which the court struck from the record, 21 see docket #4) that he fears for his life in prison. Plaintiff has already been advised that these allegations 22 are unrelated to the complaint in this action and that if he fears imminent serious physical harm he 23 should file a new action setting forth those allegations. Plaintiff's motion is denied. 24 In its December 17, 2010 Order, the court directed plaintiff to submit the $350.00 filing 25 fee within thirty (30) days (docket #2). The court expressly warned plaintiff that failure to respond to 26 this court's order would result in dismissal of this action. The order was served on plaintiff at his vs. ELIZABETH LOTTIE BROWN, et al., Defendants. JAMES ANTHONY DAVIS, Plaintiff, ) ) ) ) ) ) ) ) / UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

2:10-cv-01804-KJD-PAL ORDER

Dockets.Justia.com

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address of record. More than the allotted time has elapsed and plaintiff has not paid the filing fee. Accordingly, this entire action will be dismissed for failure to comply with the court's order. IT IS THEREFORE ORDERED that this action is DISMISSED without prejudice for the failure of plaintiff to comply with this court's order to pay the filing fee. IT IS FURTHER ORDERED that plaintiff's "motion of declaration of request for leave to proceed in forma pauperis" (docket #6) is DENIED. IT IS FURTHER ORDERED that the Clerk shall ENTER JUDGMENT accordingly and close this case. DATED: February 8, 2011

UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26

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