Andrews v. Dunn et al

Filing 8

ORDER Dismissing Case. Signed by U.S. District Judge Karen E. Schreier on 4/30/2014. (KC)

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UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION JERRIN JAMES ANDREWS, Plaintiff, vs. KATIE DUNN, in her official capacity; STATE OF SOUTH DAKOTA, in its individual capacity; and CHILD VOICE, Sanford Hospital, in its official capacity, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) Civ. 14-4043-KES ORDER DISMISSING CASE FOR FAILURE TO PAY INITIAL PARTIAL FILING FEE This matter is before the court on its own motion. On March 10, 2014, plaintiff filed his complaint in this matter along with a motion for leave to proceed in forma pauperis. Dockets 1, 2. On March 20, 2014, the court granted plaintiff leave to proceed in forma pauperis and assessed an initial partial filing fee pursuant to 28 U.S.C. § 1915(b)(1). Docket 6. In doing so, the court warned plaintiff that his case would be dismissed if he failed to pay the initial partial filing fee by April 21, 2014. The April 21, 2014, deadline has passed, and plaintiff has neither paid the initial partial filing fee in this matter nor asked for an extension of time in which to do so. Plaintiff’s case is therefore dismissed for failing to comply with the court’s order. See Fed. R. Civ. P. 41(b); see also Conley v. Holden, No. 033908, 2004 WL 2202452, at *1 (8th Cir. Sept. 21, 2004) (affirming district court’s dismissal of inmate’s case for failing to pay the assessed initial partial filing fee). Accordingly, it is ORDERED that plaintiff’s complaint (Docket 1) is dismissed without prejudice because plaintiff failed to comply with this court’s orders. A separate judgment will be entered in accordance with this order. Dated April 30, 2014. BY THE COURT: /s/ Karen E. Schreier KAREN E. SCHREIER UNITED STATES DISTRICT JUDGE 2

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