Opinion
Civil Action No. 10-cv-00443-BNB.
May 10, 2010
ORDER OF DISMISSAL
Plaintiff, Angela Valerio, initiated this action by filing a pro se Title VII Complaint and a Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915. On February 26, 2010, Magistrate Judge Boyd N. Boland directed the Clerk of the Court to commence a civil action and ordered Plaintiff to cure certain deficiencies. Specifically, he ordered Ms. Valerio to file a complete Title VII complaint on the court-approved form.
Ms. Valerio filed an Amended Title VII Complaint on March 26, 2010. On April 2, 2010, the Court noted that it had reviewed Ms. Valerio's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 and that the Motion and Affidavit did not demonstrate indigence. The Court, therefore, found that Ms. Valerio did not qualify for commencement of the action without prepayment of fees or security pursuant to 28 U.S.C. § 1915 and denied Ms. Valerio leave to proceed in forma pauperis. Accordingly, Ms. Valerio was directed to pay the $350.00 filing fee if she wished to proceed with her claims in this action. Ms. Valerio was warned that if she failed to pay the full $350.00 filing fee within the time allowed, that her action would be dismissed without further notice.
Ms. Valerio now has failed to pay the $350.00 filing fee within the time allowed, and has not communicated with the Court since March 26, 2010. Therefore, the action will be dismissed without prejudice for failure to pay the $350.00 filing fee. Accordingly, it is
ORDERED that the Amended Title VII Complaint and the action are dismissed without prejudice for Ms. Valerio's failure to pay the $350.00 filing fee.