Morgan v. Job Service of North Dakota

Filing 5

ORDER of dismissal without prejudice. By Magistrate Judge Charles S. Miller, Jr. (BG) Distributed on 7/8/2013. (rh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHWESTERN DIVISION
Kelly Juliana Morgan,
Plaintiff,
vs.
Job Service of North Dakota,
Defendant.

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ORDER

Case No. 1:13-cv-007

On January 14, 2013, the plaintiff, Kelly Juliana Morgan (“Morgan”), lodged a pro se
complaint with this court. In addition, she filed what the court construed a motion for leave to
proceed in forma pauperis. On February 5, 2013, the court entered an order denying her motion for
leave to proceed in forma pauperis. There has since been no activity in this case and Morgan has
yet to remit her filing fee. Consequently, the court ORDERS that this case be DISMISSED without
prejudice for failure to prosecute. See Miller v. Benson, 51 F.3d 166, 168 (8th Cir. 1995) ("District
Courts have inherent power to dismiss sua sponte a case for failure to prosecute...").
Dated this 8th day of July, 2013.

/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court