Free Order Dismissing Case - District Court of Delaware - Delaware

Case 1:06-cv—00590-SLR Document 10 Filed 03/29/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GBEKE AWALA, )
Plaintiff, g
v. g Civ. N0. 06-590-SLR
MARTIN P. DURKIN, etal., g
Defendants. g
ORDER
WHEREAS, plaintiff tiled a civil rights action pursuant to 42 U.S.C. § 1983
without prepayment of the filing fee;
WHEREAS, on October 3, 2006, the court entered an order that plaintiff pay the
$350 tiling fee within thirty (30) days from the date the order was sent or the case would
be dismissed because plaintiff has three prior suits dismissed as frivolous or for failure
to state a claim upon which relief may be granted, and the instant complaint does not
allege an imminent threat of physical injury (D.l. 3);
WHEREAS, rather than pay the filing fee plaintiff filed a motion for
reconsideration which was denied by the court on January 12, 2007, and at the same
time plaintiff was given an additional thirty (30) days to pay the $350.00 tiling fee (D.l.
6):
WHEREAS, on January 29, 2007, plaintiff appealed the order denying the
motion for reconsideration to the U. S. Court of Appeals for the Third Circuit and on
March 20, 2007, the appeal was dismissed for failure to prosecute.
THEREFORE, at Wilmington this day of March, 2007, IT IS HEREBY

Case 1:06-cv-00590-SLR Document 10 Filed O3/29/2007 Page 2 of 2
ORDERED that pIaintifI”s complaint is DISMISSED WITHOUT PREJUDICE for failure
to pay the $350.00 tiling fee as ordered by the count. The clerk of the court is directed
to close the case.
UNITED STAT; DISTRICT JUDGE
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