SIMMONS v. SIMMONS

Filing 3

ORDER DISMISSING CASE. Plaintiff has not paid the filing fee and has taken no action to prosecute this case. Accordingly, this action is DISMISSED without prejudice to Plaintiff's right to reopen it by paying the full $400.00 filing fee. See contents of this filing. Signed by Judge Cathy Bissoon on 2/12/18. (rdl)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

ALVIN SIMMONS, JR,
Plaintiff,
v.
RALPH SIMMONS,
Defendant.

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Civil Action No. 16-1731
Judge Cathy Bissoon

ORDER DISMISSING CASE
Plaintiff initiated this action by filing a Motion for Leave to Proceed In Forma Pauperis
on November 17, 2016 (Doc. 1). On November 28, 2016, the Court denied Plaintiff’s Motion
under the so-called “three strikes” rule in 29 U.S.C. § 1915(g), as Plaintiff has filed at least three
frivolous lawsuits in this district and the instant suit does not allege any imminent physical
danger. (Doc. 2.) Thus, the Court’s Order on November 28, 2016 directed Plaintiff to pay the
filing fee of $400.00 by December 30, 2016 should he wish to proceed. The Order further stated
that “[i]f he fails to do so, this case will be dismissed for failure to prosecute.” However, as of
this date, over a year past the deadline, Plaintiff has not paid the filing fee and has taken no
action to prosecute this case other than his initial filing on November 17, 2016.
In light of the foregoing, this action is DISMISSED without prejudice to Plaintiff’s right
to reopen it by paying the full $400.00 filing fee.
IT IS SO ORDERED.

February, 12 2018

s/Cathy Bissoon
Cathy Bissoon
United States District Judge

cc (via First-Class U.S. mail):
ALVIN SIMMONS, JR,
2240 Hubbard Rd.
Youngstown, OH 44505

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