Opinion
23-cv-00363 BLF
03-09-2023
IN RE DONNIE RAY O'NEAL, JR., Plaintiff.
ORDER OF DISMISSAL
BETH LABSON FREEMAN, UNITED STATES DISTRICT JUDGE
On January 25, 2023, Plaintiff, proceeding pro se, filed a letter which was construed as an attempt to initiate a civil rights action pursuant to 42 U.S.C. § 1983. Dkt. No. 1. On the same day, the Clerk sent Plaintiff a notice informing him that he must file a complaint on the proper form within twenty-eight days or the action would be dismissed. Dkt. No. 3. A blank complaint form and postage-paid return envelope were enclosed with the notice. Id. The Clerk also sent a separate notice informing Plaintiff that he needed to either pay the filing fee or file an In Forma Pauperis (“IFP”) application within twenty-eight days to avoid dismissal. Dkt. No. 4.
This matter was reassigned to this Court on March 3, 2023. Dkt. Nos. 5, 6.
The deadline has passed, and Plaintiff has failed to file a proper complaint and pay the filing fee or file an IFP application. Accordingly, this action is DISMISSED without prejudice for failure to file a proper complaint and pay the filing fee. The Clerk shall terminate all pending motions and close the file.
IT IS SO ORDERED.