E.J. McElroy v. Sgt. Guzman, et al.

Summary

The court denied Plaintiff E.J. McElroy’s motion for an additional extension of time to pay the filing fee. The court dismissed the § 1983 action without prejudice because Plaintiff failed to comply with the court’s order and pay the required filing fee. The Clerk was directed to close the case.

Holdings

1. A further extension was not warranted because Plaintiff had ample time to pay the filing fee, provided no indication that he could obtain the funds within a reasonable time, and relied on speculative strategies for acquiring the money.
2. The action was dismissed without prejudice because Plaintiff failed to comply with the court's order requiring payment of the filing fee.

Questions Presented

1. Whether Plaintiff was entitled to another extension of time to pay the filing fee.
2. Whether the action should be dismissed without prejudice for failure to obey the court's order and failure to pay the required filing fee.

Disposition

dismissed