Opinion
4:24-cv-00065-LPR-BBM
03-25-2024
TIMOTHY BURTON #99940 PLAINTIFF v. RODNEY WRIGHT, Sheriff, Saline County Sheriff's Office; GILLIAM, Captain, Saline County Detention Center; and SCHAFER, Sergeant, Saline County Detention Center DEFENDANTS
ORDER
LEE P. RUDOFSKY, UNITED STATES DISTRICT JUDGE
On January 25, 2024, Timothy Burton, an inmate at the Saline County Detention Facility, filed a pro se Complaint pursuant to 42 U.S.C. § 1983. On February 5, 2024, the Court entered an Order directing Plaintiff to, within thirty (30) days, either pay the $405 filing fee or file a properly completed motion to proceed in forma pauperis. The Court warned Plaintiff that his failure to comply with the Order would result in the dismissal of his Complaint without prejudice. Plaintiff has not complied with, or otherwise responded to, the February 5, 2024 Order, and the time for doing so has expired. Additionally, Plaintiff's mail is being returned as undeliverable.
Compl. (Doc. 1).
Order (Doc. 3). The Order was entered by United States Magistrate Judge Benecia B. Moore.
Id. at 3.
Returned Mail (Docs. 4-7).
Accordingly, Plaintiff's Complaint (Doc. 1) is hereby DISMISSED without prejudice pursuant to Local Rule 5.5(c)(2) for failure to prosecute. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order or the accompanying Judgment would not be taken in good faith.
IT IS SO ORDERED.