Opinion
Case No. 2:08-cv-0398.
March 11, 2009
ORDER
By order dated May 1, 2008, plaintiff, a "prisoner" as defined in 28 U.S.C. § 1915(h), was directed to either pay the $350.00 filing fee or submit a properly-completed in forma pauperis application within 30 days. The plaintiff was instructed that, if he did not, the Court would presume that he is able to pay the fee, would assess the fee, and would dismiss the case for failure to prosecute. Plaintiff has not submitted a properly completed in forma pauperis application. Consequently, the $350.00 filing fee is assessed against the plaintiff and this case is dismissed for failure to prosecute. See In re Prison Litigation Reform Act, 105 F.3d 1131, 1132 (6th Cir. 1997).