Free Order Dismissing Case - District Court of Delaware - Delaware

Case 1 :07-cv—00527-GIVIS Document 6 Filed 1 1/26/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JOHNNY LOPEZ, )
Plaintiff, )
v. g Civil Action No. 07-527-GMS
TIMOTHY MARTIN, MARIA LYONS, l
and C/O MRS. MORGAN, )
Defendants. )
ORDER
WHEREAS, the plaintiff, Johnny Lopez ("Lopez"), filed a civil rights action pursuant to
42 U.S.C. § 1983 without prepayment of the filing fee;
WHEREAS, on October 11, 2007, the court entered an order denying Lopez’s motion for
leave to proceed informa pauperis because Lopez 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. l, 4);
WHEREAS, Lopez was given thirty (30) days from the date of the order to pay the
$350.00 filing fee and warned that if payment was not made his case would be dismissed (D.I. 4);
WHEREAS, rather than pay the filing fee Lopez filed a motion for the indigent, asked
that his motion be granted, and that he be relieved from paying the $350.00 filing fee (D.I. 5);
WHEREAS, to date, payment has not been received from Lopez and he is required to pay
the filing fee pursuant to 28 U.S.C. § l9l5(g);
THEREFORE, at Wilmington this yjday of /K/JI gl , 2007, IT IS
HEREBY ORDERED that Johnny Lopez’s complaint is DISMISSED WITHOUT PREJUDICE.

Case 1:07-cv—00527-G|\/IS Document 6 Filed 11/26/2007 Page 2 012
CHTE£, UNITED STATES TESTRICT JUDGE
F I L E D
NOV 2 6
u.s. DISTRICT ceum
msrmcr OF DELAWARE
-2-

Case 1:07-cv-00527-GMS

Document 6

Filed 11/26/2007

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Case 1:07-cv-00527-GMS

Document 6

Filed 11/26/2007

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