Harris, Thomas v. Schaller, et al

Filing 7

ORDER dismissing this case without prejudice pursuant to Fed. R. Civ. P. 41(a). The clerk's office shall terminate all pending motions and close this case. Harris may seek leave to re-open this case only if he makes the initial partial filing fee payment of $149.50 within ten days. Otherwise, Harris must re-file his complaint as a new case. Signed by District Judge William M. Conley on 7/30/2013. (jef),(ps)

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

THOMAS D. HARRIS,
Plaintiff,

ORDER
13-cv-408-wmc

v.

C.O. SCHALLER, et al.,

Defendants.

State inmate Thomas Harris filed a proposed civil action pursuant to 42 U.S.C.
§ 1983, concerning the conditions of his confinement. On June 20, 2013, the court

ordered him to make an initial partial fee payment of $149.50 toward the $350.00 filing
fee in compliance with the federal in forma pauperis statute and the Prison Litigation
Reform Act ("PLRA"), 28 U.S.C. § 1915(b)(1). (Dkt. # 5). That order advised Harris
that the court would dismiss his lawsuit without further notice if he failed to comply as
directed by July 12,2013.
To date, Harris has failed to comply as directed by tendering the initial partial
filing fee as required by the PLRA. Accordingly, under the inherent power necessarily
vested in a court to manage its own docket, the complaint will be dismissed without
prejudice for want of prosecution. See FED. R. CIV. P. 41 (a); Link v. Wabash R.R. Co., 370
U.S. 626, 630-31 (1962); Ohio River Co. v. Carrillo, 754 F.2d 236, 238 n.5 (7th Cir.
1984).

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..
ORDER
IT IS ORDERED that:
1. The complaint filed by plaintiff Thomas Harris is DISMISSED without
prejudice pursuant to Fed. R. Civ. P. 41(a). The clerk's office shall
terminate all pending motions and close this case.
2. Harris may seek leave to re-open this case

on!J

if he makes the initial

partial filing fee payment of $149.50 within ten days. Otherwise, Harris
must re-file his complaint as a new case.
Entered this 30th day of July, 2013.

BY THE COURT:

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