Opinion
21-CV-2079 JLS (MDD)
03-21-2022
LUCIE WIGGINS, Plaintiff, v. OFFICE OF WORKERS COMPENSATION PROGRAMS; SECRETARY OF FEDERAL EMPLOYEE COMPENSATION ACT; and EMPLOYEES, Defendants.
ORDER DISMISSING ACTION WITHOUT PREJUDICE FOR FAILURE TO COMPLY WITH FEBRUARY 15, 2022 ORDER
(ECF No. 9)
Hon. Janis L. Sammartino, United States District Judge
On February 15, 2022, this Court denied Plaintiff Lucie Wiggin's Motion to Proceed in Forma Pauperis (“IFP”), denied Plaintiff's Request for Appointment of Counsel, and granted Plaintiff's Motion to Amend. See generally ECF No. 9 (the “Order”). In its Order, the Court directed Plaintiff to, within thirty days, either pay the $402 filing fee required to maintain her action or file a renewed IFP application that accounted for various deficiencies identified by the Court in the first application. See Id. at 7. The Court further directed Plaintiff to file an amended complaint that was complete in itself. See Id. The Order explicitly provided: “ Plaintiff is hereby on notice that if she fails to pay the $402 filing fee or file a renewed IFP motion within thirty (30) days from the date of this Order, the Court will dismiss this action without prejudice. ” Id. at 7 (emphasis in original). It also warned Plaintiff: “ Should Plaintiff fail to file an amended complaint within thirty (30) days of the date of this Order, the Court will enter a final order dismissing this civil action based on Plaintiffs failure to prosecute in compliance with a court order requiring amendment.” Id. (emphasis in original) (citation omitted). Plaintiff has neither paid the filing fee, filed a renewed IFP application, or filed an amended complaint in accordance with the Order. See generally Docket.
In light of the foregoing, the Court DISMISSES WITHOUT PREJUDICE Plaintiff's action for failure to comply with the Court's February 15, 2022 Order. As this concludes the litigation in this matter, the Clerk of the Court SHALL CLOSE the file.
IT IS SO ORDERED.