Opinion
23-cv-05619-HSG
02-01-2024
WILLIAM CASTANARES VIRAY, Plaintiff, v. ELMWOOD CORRECTIONAL FACILITY, Defendant.
ORDER OF DISMISSAL
HAYWOOD S. GILLIAM, JR., UNITED STATES DISTRICT JUDGE.
On or about October 31, 2023, Plaintiff filed a complaint with the Court. Dkt. No. 1. The Court opened an action pursuant to this filing and, that same day, sent Plaintiff a notice that the action was deficient because he had not paid the filing fee or filed an application for leave to proceed in forma pauperis. Dkt. No. 3. The Court sent Plaintiff a blank in forma pauperis application form. Id. The deadline has passed, and Plaintiff has not filed an in forma pauperis application. Accordingly, this action is DISMISSED for failure to either pay the filing fee or file a complete in forma pauperis application. The dismissal is without prejudice to Plaintiff filing a motion to reopen the action. Any motion to reopen must be accompanied by either the filing fee or a complete in forma pauperis application. The Clerk shall enter judgment in favor of Defendants and against Plaintiff, terminate all pending motions as moot, and close the case.
IT IS SO ORDERED.