Briggs-Muhammad, Terry v. Edberg, Tony et al

Filing 6

ORDER dismissing the complaint filed by plaintiff Terry D. Briggs-Muhammad without prejudice pursuant to Fed. R. Civ. P. 41(a). The clerk's office shall terminate all pending motions and close this case. Plaintiff may seek leave to re-open this case only if he makes the initial partial fee payment of $175.00 within ten days and demonstrates cause for his failure to comply with the court's previous order. Otherwise, plaintiff must re-file his complaint as a new case. Signed by District Judge William M. Conley on 4/23/2014. (jef),(ps)

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

TERRY D. BRIGGS-MUHAMMAD,
Plaintiff,

ORDER

v.

14-cv-175-wmc

TONY EDBERG, et al.,

Defendants.

Plaintiff Terry D. Briggs-Muhammad filed this proposed civil action against his
former employer, alleging discrimination based on age, race, disability and religion.

He

also alleged improper retaliation. On March 30, 2014, the court ordered plaintiff to
make an initial partial payment of $175.00 toward the $350.00 filing fee in compliance
with the federal in forma pauperis statute, 28 U.S.C. § 1915(a). (Dkt. # 5). That order
advised plaintiff that the court would dismiss his lawsuit without prejudice if he failed to
comply within the time allowed.
To date, plaintiff has failed to comply by tendering the initial partial filing fee as
directed or showing cause for his failure to do so. 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

Terry D.

Briggs-Muhammad

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. Plaintiff may seek leave to re-open this case only if he makes the initial
partial fee payment of $175.00 within ten days and demonstrates cause for
his failure to comply with the court’s previous order. Otherwise, plaintiff
must re-file his complaint as a new case.
Entered this 23rd day of April, 2014.

BY THE COURT:
/s/
_____________________
WILLIAM M. CONLEY
District Judge

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