Free Order Dismissing Case - District Court of Delaware - Delaware

Case 1:07-cv-00124-JJF Document 10 Filed 12/05/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GBEKE MICHAEL AWALA, :
Plaintiff, 3
v. E Civ. Action No. 07-124-***
DIRECTOR OF ADMINISTRATIVE ;
OFFICE OF UNITED STATES :
COURTS, et al., :
Defendants. i
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WHEREAS, Plaintiff filed a civil rights action pursuant to
42 U.S.C. § 1983 without prepayment of the filing fee;
WHEREAS, on March 13, 2007, the Court entered an Order
denying leave to proceed in fgrma pauperis because 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 Plaintiff failed to demonstrate that he was “under
imminent danger of serious physical injury" and Plaintiff failed
to pay the appellate court filing fee, Awala v. Director of
Admin. Office of U.S. Courts, No. 07-2165 (3d Cir. Oct. 19,
2007);

Case 1:07-cv-00124-JJF Document 10 Filed 12/05/2007 Page 2 012
WHEREAS, subsequent to dismissal of the appeal, and to date,
Plaintiff has not paid the $350.00 filing fee owed to this Court;
THEREFORE, at Wilmington this _é{ day of December, 2007, IT
IS HEREBY ORDERED Chili; PlB.j.1’11;j.ff'S COH'lp].&j.1'1°C is DISMISSED WITHOUT
PREJUDICE.
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