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Nelson v. Spitzer

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


April 7, 2008

DENNIS NELSON, PLAINTIFF,
v.
ELIOT SPITZER; DAVID ROCK, SUPERINTENDENT, GREAT MEADOW CORRECTIONAL FACILITY; P. BRADY, CORRECTIONAL OFFICER, GREAT MEADOW CORRECTIONAL FACILITY, BRIAN FISCHER; RICHARD POTTER; J. GUMLAW; M. CLEVELAND; ET AL., DEFENDANTS.

The opinion of the court was delivered by: Thomas J. Mcavoy, Senior United States District Judge

DECISION and ORDER

Plaintiff Dennis Nelson commenced this action by filing a pro se civil rights complaint, together with an in forma pauperis application. Dkt. Nos. 1, 2. A review of plaintiff's prior proceedings revealed that plaintiff had three "strikes" and, thus, should not be permitted to proceed with this action in forma pauperis.*fn1 See Nelson v. Lee, 9:05-CV-1096 (DEP)(NAM), Dkt. Nos. 44 and 47; Nelson v. Hamel, 9:07-CV-540 (GLS)(RFT), Dkt. No. 4; and Nelson v. Conway, No. 04-CV-6163CJS(Fe) (W.D.N.Y. Apr. 21, 2004)(referencing additional strikes in the Western District of New York).*fn2 Therefore, by Order of this Court filed January 28, 2008, plaintiff's in forma pauperis application was denied and plaintiff was directed to, within thirty (30) days, (1) prepay the $350.00 filing fee in full and (2) file an amended complaint or his action would be dismissed. Dkt. No. 7. On February 8, 2008, plaintiff filed an amended complaint. Dkt. No. 10.

Although more than sixty days have elapsed since plaintiff was directed to prepay the $350.00 filing fee, plaintiff has not paid the fee, nor has he requested an additional extension of time to do so. Therefore, in accordance with this Court's January 29, 2008 Decision and Order, this action is dismissed without prejudice.

WHEREFORE, it is hereby

ORDERED that for the reasons set forth above, this action is dismissed without prejudice, and it is further

ORDERED, that the Clerk of the Court serve a copy of this Decision and Order on plaintiff in accordance with the Local Rules.


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