Free Order Dismissing Case - District Court of Delaware - Delaware

Case 1:06-cv—00022-KAJ Document 9 Filed 06/16/2006 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
BILLY TYLER, )
Plaintiff, g
v. g Civ. No. 06-22-KAJ
UNION PACIFIC RAILROAD g
COMPANY, )
Defendant. g
ORDER
WHEREAS, the plaintiff filed an action invoking jurisdiction based upon diversity
pursuant to 28 U.S.C. § 1332, and without prepayment ofthe filing fee;
WHEREAS, on March 17, 2006, the Court entered an order denying leave to
proceed in forma pauperis because the 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.|. 5);
WHEREAS, the plaintiff filed a motion to reconsider, which was denied on May
9, 2006, and the Court ordered the plaintiff to pay the $250 filing fee within thirty (30)
days from the date ofthe order or the case would be dismissed (D.I. 8);
WHEREAS, to date, payment has not been received from the plaintiff;
THEREFORE, at Wilmington this of June, 2006, IT IS HEREBY
ORDERED that the plaintiffs complaint is DISMISSED W|THOU?rF;R_EJUD|C_E,
I td; ,
NITED STA ’ S DIST CT JUDGE
L l , ,.,. /2/