Filed: Jun. 27, 2012
Latest Update: Jun. 27, 2012
Summary: MEMORANDUM AND ORDER G. PATRICK MURPHY, District Judge. The matter before the Court is Plaintiff Levi Hawkins' (a/k/a Levi McRae Luginbyhl Jr.) failure to comply with this Court's Order (Doc. 40). On June 20, 2011, Plaintiff filed a motion for leave to proceed in forma pauperis (Doc. 4). Plaintiff was given leave to proceed in forma pauperis, and ordered to pay an initial partial filing fee (Doc. 7). Defendant Chaplain Roloff filed a motion to dismiss, asserting Plaintiff failed to disclo
Summary: MEMORANDUM AND ORDER G. PATRICK MURPHY, District Judge. The matter before the Court is Plaintiff Levi Hawkins' (a/k/a Levi McRae Luginbyhl Jr.) failure to comply with this Court's Order (Doc. 40). On June 20, 2011, Plaintiff filed a motion for leave to proceed in forma pauperis (Doc. 4). Plaintiff was given leave to proceed in forma pauperis, and ordered to pay an initial partial filing fee (Doc. 7). Defendant Chaplain Roloff filed a motion to dismiss, asserting Plaintiff failed to disclos..
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MEMORANDUM AND ORDER
G. PATRICK MURPHY, District Judge.
The matter before the Court is Plaintiff Levi Hawkins' (a/k/a Levi McRae Luginbyhl Jr.) failure to comply with this Court's Order (Doc. 40). On June 20, 2011, Plaintiff filed a motion for leave to proceed in forma pauperis (Doc. 4). Plaintiff was given leave to proceed in forma pauperis, and ordered to pay an initial partial filing fee (Doc. 7). Defendant Chaplain Roloff filed a motion to dismiss, asserting Plaintiff failed to disclose his prior litigation history, which included three prior strikes for failing to state a claim for which relief may be granted (Doc. 32).
In support of the motion, Defendant Roloff cited the following three cases: Luginbyhl v. American Correctional Assoc., No. AW-03-3364 (D. Md. dismissed 12/16/2003, denied motion for reconsideration 2/13/2004) (failure to state a claim); Luginbyhl v. McMurray, No. 07-cv-121 (N. D. Tex, dismissed 3/26/2007)(failing to state a claim, being frivolous or malicious); Luginbyhl v. David L. Moss Criminal Justice Center et. al., No. 07-cv-162 (N.D. Okla. dismissed 8/6/2007) (failing to state a claim) (See Doc. 32).
Plaintiff is not alleging he is under imminent danger of serious physical injury. Accordingly, the Court ordered Plaintiff to show cause why Plaintiff's in forma pauperis status should not be revoked (Doc. 36). Plaintiff submitted two documents to the Court (Docs. 38 & 39), neither of which addressed the Court's concern in the Show Cause Order. The Court revoked Plaintiff's in forma pauperis status and ordered Plaintiff to pay the full filing fee on or before June 22, 2012. The Court warned Plaintiff that a failure to pay the full filing fee shall result in a dismissal of this action with prejudice pursuant to Federal Rule of Procedure 41(b).
June 22 has come and passed and Plaintiff has failed to pay the full filing fee. Plaintiff did, however, file a motion asking to submit a promissory note in lieu of paying the full filing fee (Doc. 41). That motion (Doc. 41) is DENIED. Pursuant to this Court's prior Order (Doc. 40) and Federal Rule of Procedure 41(b), this matter is DISMISSED with prejudice. All other pending motions (Docs. 32 & 35) are DENIED as MOOT. The Clerk of the Court is directed to close this case on the Court's docket.
IT IS SO ORDERED.
