Opinion
21cv566-MMA-LL
06-07-2021
ORDER DISMISSING CIVIL ACTION FOR FAILING TO PAY FILING FEE OR MOVE TO PROCEED IN FORMA PAUPERIS AND FOR FAILING TO COMPLY WITH COURT ORDER
HON. MICHAEL M. ANELLO United States District Judge
Plaintiff Paul Blackmer, an inmate currently incarcerated at New Hampshire State Prison for Men, and proceeding pro se, filed this civil action on March 22, 2021. See Doc. No. 1.
I. Procedural History
On April 5, 2021, the Court dismissed this action for failing to pay the filing fee required by 28 U.S.C. § 1914(a) or alternatively, filing a motion to proceed in forma pauperis (“IFP”). See Doc. No. 4. Plaintiff was granted forty-five (45) days leave to prepay the entire $402 civil filing and administrative fee or complete a motion to proceed IFP. Id. at 2.
Plaintiff had until May 20, 2021 to comply with the Court's Order. But to date, Plaintiff has not paid the fee or filed a motion to proceed IFP, and has not requested an extension of time in which to do so.
II. Conclusion and Order
Accordingly, the Court DISMISSES this civil action in its entirety without prejudice based on Plaintiffs failing to pay the filing fee required by 28 U.S.C. § 1914(a) or alternatively, filing a motion to proceed in compliance with the Court's April 5, 2021 Order.
The Court further CERTIFIES that an IFP appeal would not be taken in good faith pursuant to 28 U.S.C. § 1915(a)(3) and DIRECTS the Clerk to enter a final judgment of dismissal and close the file.
IT IS SO ORDERED.