Yellow Horsev.Dawes Cnty. Jail

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKAApr 16, 2012
8:12CV16 (D. Neb. Apr. 16, 2012)

8:12CV16

04-16-2012

DALE YELLOW HORSE, and DARIN LITTLE WHITE MAN, Plaintiffs, v. DAWES COUNTY JAIL, KARL J. BAILEY, Sheriff, and STEVE CRILE, Jailer, Defendants.


MEMORANDUM

AND ORDER

This matter is before the court on its own motion. On December 9, 2011, Plaintiff Darin little white man ("little white man") filed his Complaint in this matter. (Filing No. 1.) Little white man later filed a Motion for Leave to Proceed in Forma Pauperis ("IFP"). (Filing No. 14 .) On March 2, 2012, the court granted little white man's IFP Motion and assessed an initial partial filing fee pursuant to 28 U.S.C. § 1915(b)(1). (Filing No. 16.) In doing so, the court warned Plaintiff that his case would be dismissed if he failed to pay the initial partial filing fee by April 2, 2012. ( Id .)

Little white man originally filed this matter in the U.S. District Court for the District of South Dakota, which transferred it to this court on January 10, 2012. (See Docket Sheet.)

The April 2, 2012, deadline has passed and little white man has not paid the initial partial filing fee in this matter. (See Docket Sheet.) Therefore, little white man's claims are dismissed for failing to comply with the court's March 2, 2012, Memorandum and Order. See Fed. R. Civ. P. 41(b); see also Conley v. Holden, No. 03-3908, 2004 WL 2202452, at *1 (8th Cir. Sept. 21, 2004) (affirming district court's dismissal of inmate's case for failing to pay the assessed initial partial filing fee).

IT IS THEREFORE ORDERED that:

1. Plaintiff Darin little white man's Complaint (filing no. 1) is dismissed without prejudice because he failed to comply with this court's orders.

2. A separate judgment will be entered in accordance with this Memorandum and Order.

BY THE COURT:

Richard G. Kopf


Senior United States District Judge


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