Covington v. Bowens et al
ORDER signed by Judge J.P. Stadtmueller on 3/7/2018 DISMISSING CASE without prejudice for Plaintiff's failure to prosecute. (cc: all counsel, via mail to Reo Covington at Oshkosh Correctional Institution)(jm)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
Case No. 18-CV-187-JPS
NANCY BOWENS, DR. P. MURPHY,
and NURSE MELANIE,
Plaintiff, a prisoner proceeding pro se, filed a complaint under 42
U.S.C. § 1983, alleging that his civil rights were violated. (Docket #1). He
did not pay the $400.00 filing fee or include with his complaint a motion
for leave to proceed in forma pauperis. As a result, on February 2, 2018, the
Clerk of the Court sent Plaintiff a letter requesting that he either pay the
full filing fee or file a motion for leave to proceed in forma pauperis within
twenty-one days. (Docket #2).
That deadline expired on February 23, 2018, yet Plaintiff filed
nothing by that date except a refusal to consent to the jurisdiction of the
assigned magistrate judge. See (Docket #4). On February 26, 2018, the
Court gave Plaintiff seven more days, or until March 5, 2018, to either pay
the filing fee in full or submit an application for leave to proceed in forma
pauperis, warning that if he did not do one of these two things, his case
would be dismissed for failure to prosecute. (Docket #5 at 1).
To date, Plaintiff still has not filed a motion for leave to proceed in
forma pauperis, nor has he paid the full filing fee. Indeed, he has not
communicated with the Court in any fashion save filing his refusal to
consent to the magistrate’s jurisdiction. Because he has not complied with
the Court’s February 26 order, this action will be dismissed without
prejudice for Plaintiff’s failure to prosecute the same. Civ. L. R. 41(c);
Fischer v. Cingular Wireless, LLC, 446 F.3d 663, 665 (7th Cir. 2006).
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 7th day of March, 2018.
BY THE COURT:
U.S. District Judge
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