Free Order Dismissing Case - District Court of Delaware - Delaware

Case 1:05-cv—00917-KAJ Document8 Filed 05/15/2006 Page1 of2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GBEKE MICHAEL AWALA, )
Plaintiff, g
v. ) Civ. No. 05-917-KAJ
U.S. MARSHAL ANDERSON, et al., g
Defendants. g
O R D E R
WHEREAS, Plaintiff tiled a civil rights action pursuant to 42 U.S.C. § 1983
without prepayment of the filing fee;
WHEREAS, on January 20, 2006, the Court entered an order denying leave to
proceed in forma 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.|. 2);
WHEREAS, Plaintiff unsuccessfully sought reconsideration of the order, and the
Court ordered Plaintiff to pay the $250 filing fee within thirty (30) days from the date of
its March 16, 2006 order (D.I. 5) or the case would be dismissed;
WHEREAS, rather than make payment, Plaintiff filed an amended complaint
(D.l. 7);
WHEREAS, to date, payment has not been received from Plaintiff;
THEREFORE, at Wilmington this _Q1}day of May, 2006, IT IS

Case 1:05-cv—00917-KAJ Document 8 Filed 05/15/2006 Page 2 of 2
HEREBY ORDERED as follows:
1. The amended complaint (D.I. 7) is STRICKEN.
2. Plaintiffs case is DISMISSED WITHOUT PREJUDICE for failure to pay
the $250.00 filing fee. Should Plaintiff pay the $250.00 filing fee, the case will be
reopened.
3. Repetitive requests for relief that the Court has already determined are
without merit will not be accepted for docketing.
i_Q. J .
u l D srAT T Jupeiz