Clark v. Doyle et al

Filing 16

ORDER Dismissing Case. Signed by U.S. District Judge Karen E. Schreier on 11/14/2014. (KC)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
JONATHAN D. CLARK,

Civ. 14-4083-KES

Plaintiff,
vs.
BETSY DOYLE, Public Defender at
Minnehaha County, in her
individual and official capacity;
CRYSTAL JOHNSON, State's
Attorney at Minnehaha County, in
her individual and official capacity;
ARMOR CORRECTIONAL, Medical
care at Minnehaha County Jail, in
its individual and official capacity;
and
ERIC DOPPENBERG, officer court
transport at Minnehaha County
Jail, in his individual and official
capacity,

ORDER DISMISSING CASE FOR
FAILURE TO PAY INITIAL PARTIAL
FILING FEE

Defendants.
This matter is before the court on its own motion. On May 29, 2014,
plaintiff filed his complaint in this matter along with a motion for leave to
proceed in forma pauperis. Dockets 1, 2. On June 9, 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 7. In doing so, the court
warned plaintiff that his case would be dismissed if he failed to pay the initial

partial filing fee by July 9, 2014. Three extensions of time were granted to
plaintiff, with the latest deadline being November 3, 2014.
The November 3, 2014, deadline has passed, and plaintiff has neither
paid the initial partial filing fee in this matter nor asked for an additional
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. 03-3908, 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 November 14, 2014.
BY THE COURT:

/s/ Karen E. Schreier
KAREN E. SCHREIER
UNITED STATES DISTRICT JUDGE

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