Opinion
Case No. 2:16-cv-00758-JE
01-13-2017
LEROY LAMONT WELLS, Plaintiff, v. MARK NOOTH, et al., Defendants.
ORDER TO DISMISS
On December 5, 2016, the court determined that plaintiff is not entitled to proceed in forma pauperis in this case. As a result, the court advised him that if he did not pay the $400.00 filing fee within 30 days, it would dismiss his case. Plaintiff has not paid the filing fee, but instead objects to the court's Order denying him in forma pauperis status, moves to amend his pleading, and moves for a preliminary injunction. None of these filings justify extending in forma pauperis status to plaintiff. Where plaintiff is not entitled to in forma pauperis status, and where he has not paid the $400.00 filing fee, the court dismisses this case without prejudice.
CONCLUSION
The court dismisses this case based upon plaintiff's failure to pay the $400.00 filing fee. Plaintiff's pending Motion to Amend (#41) and Motion for Preliminary Injunction (#42) are denied.
IT IS SO ORDERED.
DATED this 13 day of January, 2017.
/s/_________
Marco A. Hernandez
United States District Judge