Todd v. Herbert, No. 2:2019cv00293 - Document 5 (D. Utah 2019)
Court Description: MEMORANDUM DECISION AND ORDER DISMISSING CASE. Plaintiff has not paid his full filing fee as previously ordered by the court. Consequently, this action is dismissed. Signed by Judge Dale A. Kimball on 9/11/2019. (eat)
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Todd v. Herbert Doc. 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH SHAYNE E . TODD, Plaintiff, MEMORANDUM DECISION & ORDER v. GARY HERBERT et al., Case No. 2:19-CV-293-DAK Defendants. District Judge Dale A. Kimball Plaintiff, Shayne E. Todd, an inmate at Utah State Prison, filed a pro se civil rights complaint. See 42 U.S.C.S. § 1983 (2019). Because Plaintiff had, at three or more prior times while incarcerated, brought an action that was dismissed as "frivolous or malicious or fail[ing] to state a claim upon which relief may be granted," 28 id. § 1915(g), the Court concluded that Plaintiff could not proceed in forma pauperis but must pay his entire $350 filing fee up front. (Doc. No. 4 (May 7, 2019).) The Court warned that Plaintiff’s complaint would be dismissed unless he paid the full filing fee within thirty days. More than four months later, it remains unpaid. IT IS THEREFORE ORDERED that this action is DISMISSED. DATED this 11th day of September, 2019. BY THE COURT: ______________________________ DALE A. KIMBALL United States District Judge Dockets.Justia.com
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