Steve v. Prawitz

Filing 9

ORDER. IT IS ORDERED that this action is DISMISSED. The Clerk shall enter judgment accordingly. Signed by Judge Robert C. Jones on 10/19/2010. (Copies have been distributed pursuant to the NEF - MLC)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Plaintiff is proceeding pro se and in forma pauperis in this civil rights complaint pursuant to 42 U.S.C. § 1983. On July 15, 2009, the court entered an order in which it found that plaintiff would not be required to pay an initial partial filing fee. (Docket #3.) The court also ordered as follows: IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. § 1915, as amended by the Prison Litigation Reform Act of 1996, the Lander County Detention Facility shall pay to the Clerk of the United States District Court, District of Nevada, 20% of the preceding month's deposits to the plaintiff's account (in months that the account exceeds $10.00) until the full $350 filing fee has been paid for this action." Id. This court has never received any payment towards plaintiff's filing fee. On June 22, 2010, the court entered an order requiring plaintiff to file a short response within ten days informing the court whether he was still incarcerated, and if so, the name of the institution at which he was incarcerated. (Docket #8.) Further, the court directed plaintiff, if he was not incarcerated, to inform the court whether he wished to pay the $350 filing fee in this action or file a new application to proceed in forma pauperis. Id. Plaintiff was expressly warned that failure to file vs. MESHELL PRAWITZ, et al., Defendants. LAWSON G. STEVE, Plaintiff, ) ) ) ) ) ) ) ) ) / UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

3: 09-cv-00348-RCJ -VPC ORDER

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a timely response to the order would result in the immediate dismissal of this action. Id. Plaintiff has not filed a response to this court's order of June 22, 2010. IT IS THEREFORE ORDERED that this action is DISMISSED. The clerk shall enter judgment accordingly. DATED this 19th day of October, 2010.

UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

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