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Diaz v. United States

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


June 1, 2009

JESUS DIAZ, INMATE #02588-046, PLAINTIFF,
v.
UNITED STATES OF AMERICA, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Reagan, District Judge

MEMORANDUM AND ORDER

Petitioner, a prisoner proceeding pro se, filed a petition for writ of quo warrantor and writ of mandamus action. On March 13, 2009, the Clerk sent him a letter (Doc. 2) advising him that [i]f payment ($350.00 for a civil case), or a Motion to Proceed In Forma Pauperis is NOT received in our office within thirty (30) days from the date of this letter, the case will be submitted to the Judicial Officer for an order to be entered dismissing this case.

That 30-day period has long since elapsed, but Petitioner has not paid the $350 filing fee for this action, nor has he filed a properly supported motion for leave to proceed in forma pauperis. See 28 U.S.C. §§ 1914, 1915. Accordingly, this case is DISMISSED without prejudice for failure to pay the filing fee. The Clerk shall CLOSE THIS CASE.

IT IS SO ORDERED.

MICHAEL J. REAGAN United States District Judge

20090601

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