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Alexander v. Deen

July 18, 2007

GABBY ALEXANDER ADC # 706005 ET AL. PLAINTIFF
v.
DEEN ET AL. DEFENDANTS



ORDER

Plaintiff Alexander initiated this § 1983 action by filing a Complaint, unaccompanied by an Application to Proceed In Forma Pauperis, alleging various constitutional claims. Plaintiff's claims were asserted on her behalf by the primary Plaintiff, Teresa C.W. Pryor-Kendrick. In an Order dated June 7, 2007 (docket entry #17), the Court ordered Plaintiff Alexander to file, within thirty days, either the $350.00 filing fee or a completed In Forma Pauperis application.

Local Rule 5.5(c)(2) provides that if any communication from the Court to a pro se litigant is not responded to within thirty days, the case may be dismissed without prejudice. More than thirty days have passed since the entry date of that Order, and Plaintiff has not responded to the Court's Order.*fn1

Under these circumstances, the Court concludes that this case should be dismissed without prejudice for failure to comply with Local Rule 5.5(c)(2). See Miller v. Benson, 51 F.3d 166, 168 (8th Cir. 1995) ("District courts have inherent power to dismiss sua sponte a case for failure to prosecute, and we review the exercise of this power for abuse of discretion.")

IT IS THEREFORE ORDERED that Plaintiff Alexander's claims be and they are hereby DISMISSED WITHOUT PREJUDICE.

DATED this 18th day of ...


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