Carmona v. Bharara et al

Filing 7

Memorandum Opinion and Order Plaintiff Benhur Carmona was ordered to either pay the full filing fee or to file a proper Financial Application and prisoner account statement within 30 days. See ECF No. 2 . Although the 30 day period has expi red, Plaintiff has not sought additional time and has neither paid the filing fee nor filed a proper Financial Application. Accordingly, this action must be and is hereby dismissed without prejudice. Further, the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith. Judge Benita Y. Pearson on 6/6/2012. (S,L)

PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
BENHUR CARMONA,
Plaintiff,
v.
HONORABLE PREET BHARARA, et al.,
Defendants.

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CASE NO. 4:12CV00776

JUDGE BENITA Y. PEARSON

MEMORANDUM OF OPINION AND
ORDER

In an entry dated April 11, 2012, Plaintiff Benhur Carmona was ordered to either pay the
full filing fee or to file a proper Financial Application and prisoner account statement within
thirty (30) days. See ECF No. 2. Although the thirty (30) day period has expired, Plaintiff has
not sought additional time and has neither paid the filing fee nor filed a proper Financial
Application.
Accordingly, this action must be and is hereby dismissed without prejudice. McGore v.
Wrigglesworth, 114 F.3d 601, 605 (6th Cir. 1997) (overruled on other grounds by Jones v. Bock,
549 U.S. 199, 127 S.Ct. 910, 918-19, 166 L.Ed.2d 798 (2007)). Further, the Court 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.

June 6, 2012
Date

/s/ Benita Y. Pearson
Benita Y. Pearson
United States District Judge