Free Order Dismissing Case - District Court of Delaware - Delaware

Case 1 :07-cv-00173-GIVIS Document 9 Filed 12/18/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GBEKE MICHAEL AWALA, )
Plaintiff, g
v. g Civ. Action No. 07-173-GMS
PETER T. DALLEO, g
Defendant. i
ORDER
WHEREAS, the plaintiff filed a civil rights action pursuant to 42 U.S.C. § 1983 without
prepayment of the tiling fee;
WHEREAS, on April 9, 2007, the court entered an order denying leave to proceed in
forma pauperis because the plaintiff had 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.I. 5);
WHEREAS, plaintiff appealed the order to the U.S. Court of Appeals for the Third
Circuit and the appeal was dismissed upon a finding that the plaintiff failed to demonstrate that
he was "under imminent danger of serious physical injury" and the plaintiff failed to pay the
appellate court filing fee, Awczlcz v. Dczlleo, No. 07-2361165 (3d Cir. Oct. 19, 2007);
WHEREAS, subsequent to dismissal of the appeal, and to date, the plaintiff has not paid
the $350.00 tiling fee owed to this court; W
THEREFORE, at Wilmington this lf day of , 2007, IT IS

Case 1:07-cv—00173-GI|\/IS Document 9 Filed 12/18/2007 Page 2 of 2
HEREBY ORDERED that the plaintiffs complaint is DISMISSED WITHOUT PREJUDICE.
CHIEF{ UNHED STATES €£;STRICT JUDGE
F I L E D
17 R"
u.s. DISTRICT COURT
DISTRICT OF DELAWARE
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