Free Order Dismissing Case - District Court of Delaware - Delaware

Case 1:07-cv—00750-Gl\/IS Document 10 Filed 05/19/2008 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GBEKE AWALA, )
Plaintiff, g
v. g Civ. Action No. 07-750-GMS
JUSTICE SAMUEL ALITO, JR., et al., 5
Defendants. g
MEMORANDUM ORDER
WHEREAS, the plaintiff filed a civil rights action pursuant to 42 U.S.C. § 1983 without
prepayment of the filing fee;
WHEREAS, on December 6, 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, the plaintiff appealed the order to the U.S. Court of Appeals for the Third
Circuit and the appeal was dismissed for failure to timely prosecute (D.I. 8, 9);
WHEREAS, subsequent to dismissal of the appeal, and to date, the plaintiff has not paid
the $3 50.00 filing fee owed to this court; IA
THEREFORE, at Wilmington this mi day of , 2008, IT IS
HEREBY ORDERED that the plaintiffs complaint is DISMISSELI WITHOUT PREJUDICE.
I MAY l 6 2008 I
I ¤l§?¤l¥?IS“é%TE‘iEl’tZ§E ·

Case 1:07-cv-00750-GMS

Document 10

Filed 05/19/2008

Page 1 of 1