Whitmore v. Foster et al

Filing 8

ORDER signed by Judge J.P. Stadtmueller on 4/28/2017 DISMISSING action without prejudice for Plaintiff's failure to prosecute. (cc: all counsel, via mail to Christopher Scott Whitmore at Green Bay Correctional Institution)(jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
CHRISTOPHER SCOTT WHITMORE,
Plaintiff,
v.

Case No. 17-CV-377-JPS

BRIAN FOSTER, DEPUTY WARDEN
COOPER, CAPT. HAYNES, C.O.
ROSENTHAL, C.O. PACH, and SGT.
SANKEY,

ORDER

Defendants.
Plaintiff, who is incarcerated at Green Bay Correctional Institution,
filed a pro se complaint under 42 U.S.C. § 1983, alleging that his civil rights
were violated. (Docket #1). On March 31, 2017, the Court ordered Plaintiff to
pay an initial partial filing fee of $2.74, pursuant to 28 U.S.C. § 1915(b)(1), no
later than April 21, 2017. (Docket #7). In the March 31 order, the Court
cautioned that failure to pay the filing fee or otherwise respond would result
in dismissal of this action without prejudice. See Civ. L. R. 41(c). The April 21,
2017 deadline has passed and, to date, Plaintiff has not paid the initial partial
filing fee. In fact, the Court has received no communication from Plaintiff
since he filed his trust account statement in late March 2017. Because he has
not complied with or otherwise responded to the Court’s March 31 order,
this action will be dismissed without prejudice for Plaintiff’s failure to
prosecute the same.
Accordingly,
IT IS ORDERED that this action be and the same is hereby
DISMISSED without prejudice for Plaintiff’s failure to prosecute.
The Clerk of the Court is directed to enter judgment accordingly.

Dated at Milwaukee, Wisconsin, this 28th day of April, 2017.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

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