Ruston v. Church of Jesus Christ of Latter Day Saints et al
Filing
39
ORDER DISMISSING CASE - Court dismisses the case WITHOUT PREJUDICE. Case Closed Judge David Nuffer no longer assigned to case. Signed by Judge Dee Benson on 10/08/07. (rlr)
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Ruston v. Church of Jesus Christ of Latter Day Saints et al
Doc. 39
Case 2:06-cv-00526-DB
Document 39
Filed 10/09/2007
Page 1 of 1
IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH - CENTRAL DIVISION
LESTER JON RUSTON, ORDER Plaintiff, vs. CHURCH OF JESUS CHRIST OF LATTERDAY SAINTS, et al., Defendants. Judge Dee V. Benson Case No.: 2:06-CV-526 DB
On August 13, 2007, Magistrate Judge David Nuffer issued an order finding that Plaintiff Lester Jon Ruston is not eligible to proceed in this case without prepaying the filing fee because he has filed three or more cases in federal court which have been dismissed as frivolous, and the present complaint does not fall within the three-strikes exception of 28 U.S.C. § 1915(g). In accordance with this finding, Judge Nuffer entered an order requiring Mr. Ruston to pay the $350 statutory filing fee within thirty days. Docket no. 33, filed August 13, 2007. Mr. Ruston has failed to comply with this order. Accordingly, the court DISMISSES the case WITHOUT PREJUDICE. DATED this 8th day of October, 2007.
Dee Benson United States District Judge
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