Holly v. Mohr et al

Filing 5

Order signed by Judge James S. Gwin on 4/12/17 dismissing this action without prejudice for want of prosecution. The Court further certifies, pursuant to 28 U.S.C. §1915(a)(3), that an appeal from this decision could not be taken in good faith. (D,MA)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
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ALFRED HOLLY,
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Plaintiff,
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vs.
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GARY MOHR, et al.,
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Defendants.
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CASE NO. 1:16-CV-2991

DISMISSAL ORDER

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:

Pro se plaintiff Alfred Holly filed this civil rights action on December 14, 2016. He did
not pay the filing fee or an application to proceed in forma pauperis. Accordingly, on March 7,
2017, in an order that was mailed to the plaintiff at the address he provided, the plaintiff was
ordered either to pay the full filing fee or any application to proceed in forma pauperis within
thirty days. The order expressly notified the plaintiff that his case may be dismissed if he did
not do so. (See Doc. No. 2.)
To date, the plaintiff has not paid the filing fee or submitted an application to proceed in
forma pauperis. Accordingly, this action is hereby dismissed without prejudice for want of
prosecution. See McGore v. Wrigglesworth, 114 F.3d 601, 605 (6th Cir. 1997); Erby v. Kula,
Case No. 03-2377, 2004 WL 2320326 (6th Cir. Sept. 20, 2004) (affirming dismissal of § 1983
action for want of prosecution where prisoner failed to comply with court’s deficiency order).

The Court further certifies, pursuant to 28 U.S.C. §1915(a)(3), that an appeal from this
decision could not be taken in good faith.
IT IS SO ORDERED.

Dated: April 12, 2017

s/
James S. Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE

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