Estate of Peniamina Toailoa v. Clark et al, No. 2:2024cv00096 - Document 4 (D. Utah 2024)
Court Description: MEMORANDUM DECISION & Order: It is ordered that this action is Dismissed without prejudice. Signed by Judge David Nuffer on 02/26/2024. (kpf)
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Estate of Peniamina Toailoa v. Clark et al Doc. 4 THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH STEVEN HOLLOWAY, MEMORANDUM DECISION & DISMISSAL ORDER Plaintiff, v. Case No. 4:23-CV-96-DN INTERNAL REVENUE SERV. et al., District Judge David Nuffer Defendants. Plaintiff, Steven Holloway, a Utah inmate, filed a pro se civil-rights complaint. See 42 U.S.C.S. § 1983 (2023). Because Plaintiff had, three or more prior times while incarcerated, filed an action 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. (ECF No. 9 (Jan. 16, 2024).) The Court warned that Plaintiff’s action would be dismissed unless he paid the full filing fee within thirty days. Plaintiff has not since paid the filing fee, nor has the Court heard from him. Based on Plaintiff's failure to pay the full filing fee, IT IS ORDERED that this action is DISMISSED without prejudice. DATED this 26th day of February, 2024. BY THE COURT: ______________________________ DAVID NUFFER United States District Judge Dockets.Justia.com
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