Nyabwa v. United States Department Of Defense

Filing 30

ORDER OF DISMISSAL - this case is DISMISSED WITHOUT PREJUDICE for failure to pay the filing fee. Any and all pending motions are DENIED AS MOOT. Case terminated on 2/19/2019.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
COLLINS O. NYABWA,
Plaintiff,
v.
UNITED STATES DEPT .

OF

DEFENSE,

Defendant.

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February 19, 2019
David J. Bradley, Clerk

CIVIL ACTION NO. H-18-2042

ORDER OF DISMISSAL
Plaintiff, who is not in custody, filed this pro se civil lawsuit seeking $2 million
in damages from the United States Department of Defense and its unnamed employees for
their alleged unlawful stalking and surveillance. The lawsuit is DISMISSED for plaintiff’s
failure to pay the filing fee, as follows.
Plaintiff reported in his application to proceed in forma pauperis that he was
gainfully employed with take-home earnings of $580.00 per week. The Court found that
he was unable to pay the $400.00 filing fee in full at time of filing, but that he could pay
the fee in installments. The Court ordered plaintiff to pay the filing fee in monthly
payments of $50.00, commencing July 1, 2018.
Plaintiff made one $50.00 payment on July 20, 2018, following receipt of a 10-day
warning letter from the Court. Plaintiff made no subsequent payments and provided no
reasons for non-payment; consequently, on September 25, 2018, the Court withdrew its
order allowing plaintiff to pay the filing fee in installments. Because an order allowing

installment payments was no longer in effect, the $350.00 fee balance became due, and
plaintiff was granted an extension to pay the balance by December 3, 2018.
On November 29, 2018, the Court granted plaintiff a second extension until January
4, 2019, to pay the fee. One month later, on December 27, 2018, plaintiff filed a third
motion for an extension, seeking an additional 90 days to pay the fee. The Court denied
the third motion for an extension. Plaintiff recently submitted $20.00 on January 18,
2019, and $20.00 on February 1, 2019, presumably toward payment of the filing fee.
Thus, plaintiff has paid only $90.00 of the $400.00 filing fee over the past seven months,
and has continually failed to abide by the Court’s orders for payment. To-date, the filing
fee remains unpaid.
For these reasons, this case is DISMISSED WITHOUT PREJUDICE for failure to
pay the filing fee. Any and all pending motions are DENIED AS MOOT.
Signed at Houston, Texas on February 19, 2019.

Gray H. Miller
Senior United States District Judge

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