Konrath v. Ellison et al

Filing 5

ORDER DISMISSING CASE without prejudice. Signed by Honorable Timothy D. DeGiusti on 1/18/17. (ml)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
GREGORY KONRATH,
Plaintiff,
v.
DUSTIN ELLISON, et al.,
Defendants.

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Case No. CIV-16-1378-D

ORDER OF DISMISSAL
On December 7, 2016, United States Magistrate Judge Suzanne Mitchell
issued an order advising Plaintiff that his application to proceed in forma pauperis
contained several deficiencies. See Order, Dec. 7, 2016 at 1 [Doc. No. 3]. Judge
Mitchell advised Plaintiff that if such defects were not cured by December 27,
2016, his action would be subject to dismissal. Id. at 2. The prescribed deadline has
passed, and to date, Plaintiff has failed to cure the deficiencies noted by the
magistrate judge. Accordingly, the Court finds Plaintiff’s action should be
DISMISSED without prejudice. See, e.g., Ocampo-Wiechmann v. Anderson, 391
F. App’x 749, 751 (10th Cir. 2010) (unpublished) (dismissal of inmate’s complaint
without prejudice for failure to cure deficiency in request to proceed in forma
pauperis was not abuse of discretion).

IT IS SO ORDERED this 18th day of January, 2017.