Andrews v. Dunn et al
Filing
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ORDER Dismissing Case. Signed by U.S. District Judge Karen E. Schreier on 4/30/2014. (KC)
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.
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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
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