Opinion
1:21CV146-SA-DAS
11-09-2021
JAMES RUDY LEACH, PETITIONER v. UNITED STATES OF AMERICA RESPONDENT
ORDER OF DISMISSAL
SHARION AYCOCK, U.S. DISTRICT JUDGE.
The court takes up, sua sponte, the dismissal of this cause. On October 6, 2021, the court entered an order requiring the petitioner to pay the $5.00 filing fee in this case within 21 days. The court cautioned the petitioner that failure to comply with the order would result in the dismissal of this case without prejudice. Despite this warning, the petitioner has failed to comply with the court's order, and the deadline for compliance passed on October 27, 2021. This case is therefore DISMISSED without prejudice for failure to prosecute and for failure to comply with an order of the court under FED. R. CIV. P. 41(b).
Mr. Leach responded to the court's order with contradictory documents: one stating that the filing fee was enclosed, the other that the fee was forthcoming. Either way, the fee was not enclosed, and it has not arrived. Should the court receive the filing fee in a reasonable time, the case will be reinstated and will proceed as normal.
SO ORDERED.